DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0546
488
REGULATION V.
[A.D. 1798.
suits for money or personal property only. This limitation has been found
insufficient to answer effectually the purposes thereby intended ; and the
experience which the Provincial Courts have now had in the investigation
of suits for land and other real property, renders it no longer necessary to
continue the distinction heretofore made in appeals, between personal pro-
perty and its equivalent value in real property. The securitv, also, required
from appellants by Section II. of Regulation XIII. 1796, though in most
instances adequate to secure the party who may have obtained a judgment
in his favour, either in a Zillah or City Court or in a Provincial Court of
Appeal, from any ultimate loss, in consequence of the suspension of the
execution of the decree during the appeal, may from unforeseen delay in
the decision in some cases, and particularly where the judgment is for
lakheraj land, be insufficient for the purposes required. Doubts, likewise,
have been entertained, whether the fees on the institution of suits, fixed by
Section IV. Regulation VI. 1797, are intended to be levied on summary
suits instituted under Regulation XLIX. 1793, and Regulations XIV.
and XXXV. 1795, as well as how far the decisions of the Zillah and City
Courts in such summary suits are subject to an appeal to the Provincial
Courts of Appeal, and ultimately to the Sudder Dewanny Adawlut. Fur-
ther, certain parts of Regulation VII. 1793, respecting fees of pleaders,
and the mode of calculating such fees, have been found not sufficiently
explicit and otherwise defective ; and it has also been found, that the com-
plete record of decided causes, required by Sections X. and XIV. Regu-
lation XVIII. 1793, cannot be duly kept up without a very considerable
annual expense; in consideration of which, and as the necessity of such
record is in a great measure done away by Section XIII. Regulation V.
1793, and Section XI. Regulation VI. 1793* (whereby the Zillah, City,
and Provincial Courts, are required to keep authenticated copies of all
original papers transmitted by them in appeal), the Governor-General in
Council considers it expedient to discontinue the record in question. For
this purpose, therefore, and to remedy the defects and obviate'the doubts
above noticed, as well as to make the further provisions herein-after stated,
the following rules have been enacted, to be considered in force from the
time of their promulgation (except where otherwise specially provided) in
the provinces of Bengal, Behar, Orissa, and Benares.
II. [Decrees of Provincial Courts extended in respect of real property
to five thousand rupees—final].—A/ q/' Vy PUo-
Courts of Appeal
may, iu particular cases,
require further security
application of the par-
ties, the security taken
appear insufficient.
In default of such
further security being
given by appellants, the
judgment to be exe-
cuted.
III. Notwithstanding the appellants, in causes depending before the
Sudder Dewanny Adawlut and the Zb'ovmcMA q/Ayqp<%f, may have
entered into the security required of them by Section II. of Regula-
tion XIII. 1796, those courts are authorized, in cases wherein, from delay
in the decision, the security so given may appear insufficient, on the appli-
cation of the respondent or respondents in ail such cases, to require any
additional security which they mav deem necessary to secure the party who
may have obtained a judgment in his favour, from any loss by the non-
execution of such judgment during the appeal; and in default of such
further security being given within a reasonable period, to be fixed for
that purpose, the courts are empowered to direct the judgment in question
REGULATION V.
[A.D. 1798.
suits for money or personal property only. This limitation has been found
insufficient to answer effectually the purposes thereby intended ; and the
experience which the Provincial Courts have now had in the investigation
of suits for land and other real property, renders it no longer necessary to
continue the distinction heretofore made in appeals, between personal pro-
perty and its equivalent value in real property. The securitv, also, required
from appellants by Section II. of Regulation XIII. 1796, though in most
instances adequate to secure the party who may have obtained a judgment
in his favour, either in a Zillah or City Court or in a Provincial Court of
Appeal, from any ultimate loss, in consequence of the suspension of the
execution of the decree during the appeal, may from unforeseen delay in
the decision in some cases, and particularly where the judgment is for
lakheraj land, be insufficient for the purposes required. Doubts, likewise,
have been entertained, whether the fees on the institution of suits, fixed by
Section IV. Regulation VI. 1797, are intended to be levied on summary
suits instituted under Regulation XLIX. 1793, and Regulations XIV.
and XXXV. 1795, as well as how far the decisions of the Zillah and City
Courts in such summary suits are subject to an appeal to the Provincial
Courts of Appeal, and ultimately to the Sudder Dewanny Adawlut. Fur-
ther, certain parts of Regulation VII. 1793, respecting fees of pleaders,
and the mode of calculating such fees, have been found not sufficiently
explicit and otherwise defective ; and it has also been found, that the com-
plete record of decided causes, required by Sections X. and XIV. Regu-
lation XVIII. 1793, cannot be duly kept up without a very considerable
annual expense; in consideration of which, and as the necessity of such
record is in a great measure done away by Section XIII. Regulation V.
1793, and Section XI. Regulation VI. 1793* (whereby the Zillah, City,
and Provincial Courts, are required to keep authenticated copies of all
original papers transmitted by them in appeal), the Governor-General in
Council considers it expedient to discontinue the record in question. For
this purpose, therefore, and to remedy the defects and obviate'the doubts
above noticed, as well as to make the further provisions herein-after stated,
the following rules have been enacted, to be considered in force from the
time of their promulgation (except where otherwise specially provided) in
the provinces of Bengal, Behar, Orissa, and Benares.
II. [Decrees of Provincial Courts extended in respect of real property
to five thousand rupees—final].—A/ q/' Vy PUo-
Courts of Appeal
may, iu particular cases,
require further security
application of the par-
ties, the security taken
appear insufficient.
In default of such
further security being
given by appellants, the
judgment to be exe-
cuted.
III. Notwithstanding the appellants, in causes depending before the
Sudder Dewanny Adawlut and the Zb'ovmcMA q/Ayqp<%f, may have
entered into the security required of them by Section II. of Regula-
tion XIII. 1796, those courts are authorized, in cases wherein, from delay
in the decision, the security so given may appear insufficient, on the appli-
cation of the respondent or respondents in ail such cases, to require any
additional security which they mav deem necessary to secure the party who
may have obtained a judgment in his favour, from any loss by the non-
execution of such judgment during the appeal; and in default of such
further security being given within a reasonable period, to be fixed for
that purpose, the courts are empowered to direct the judgment in question