DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0014
4
REGULATION II.
[A.D. 1806.
Reg. IV. 1793, and
Sec. v. Reg. III. 1803,
shall be a notice only.
What the notice shall
contain.
How the notice is to
be served if the defen-
dant have an accredited
agent residing at the
How the notice is in
other cases to be served.
To be served by a
single peon or chup-
prassy, who shall re-
quire only the endorse-
ledgment of his prin-
cipal agent or person
acting for him. How
the notice is to be
served if the defendant
be resident in another
jurisdiction ;
Or if the defendant
be neither within such
that of any other Zillah
or City Court, and the
suit be cognizable not-
withstanding, from the
property if immovable
being situated in such
jurisdiction or from the
cause of action having
former case, the notice
to be served upon the
passed; also, whether the amount paid for the subsistence of persons con-
fined in execution of decrees of the Civil Courts is to be repaid by the
party confined on his release. To explain and amend, therefore, the
existing rules of process in the several instances above mentioned, in such
manner as appears requisite, expedient, and conducive to justice, the
Governor-General in Council has enacted the following rules, to be
in force from the time of their promulgation throughout all the pro-
vinces under the immediate government of the presidency of Fort
William. c
II. Upon the institution of a civil suit in the mode prescribed by
the Regulations in any Zillah or City Court, the general first process
against the defendant, instead of the summons and requisition of security
for appearance prescribed by Section V. Regulation IV. 1793, and Sec-
tion V. Regulation III. 1803, shall be a notice only, containing a short
statement of the demand, with a requisition to attend in person or by
vakeel, and to deliver an answer to the plaint, on or before a certain day
to be specified in the notice.
SccoMfC If' the defendant have an accredited agent at the place where
the court is held, expressly empowered, either by a clause in his general
mokhtarnamah, or by a separate mokhtarnamah granted for that purpose, to
receive on behalf of his constituent notices or other judicial processes, which
may not be specially ordered to be served personally by an officer of the
court, the notice to be issued under the preceding clause shall be tendered
to such agent, to be communicated by him to his principal; and the
agent's acknowledgment to be endorsed upon it shall be accepted as a
sufficient service of it, if he be desirous of givingsuch acknowledgment in
preference to the notice being served on the person of his principal by an
officer of the court.
AATraf. If the defendant shall not have an accredited agent at the place
where the court is held, or if he shall not have expressly authorized his
agent to receive notices of the above description; or if such agent shall
decline receiving the notice for communication to his constituent and the
defendant be resident within the jurisdiction of the court; it shall be
served on him through the nazir of the court by a single chupprassy or
peon, who shall require only the acknowledgment of the defendant to be
endorsed upon it, or if he be absent from his usual place of residence, the
acknowledgment of his principal agent, or of any person acting for him
during his absence. If the defendant be resident within the jurisdiction
of any other Zillah or City Court than that in which the suit may have
been instituted, the notice shall be transmitted to the judge of the zillah
or city in which the defendant may reside, to be served in the manner
above directed. If the defendant be neither resident within the jurisdic-r
tion of the Zillah or City Court in which the suit may be instituted, or of
any other Zillah or City Court, and the suit shall notwithstanding be cog-
nizable, either in claims to landed or other immovable proverty, from the
property claimed being situated within the jurisdiction of the court, or in
other cases from the cause of action having arisen within its jurisdiction,
Jdie notice, if the'suit be for land or other immovable property, shall be
served upon the defendant's agent or representative in charge of such
property; and in other,suits, the judge shall cause notice of the claim to
REGULATION II.
[A.D. 1806.
Reg. IV. 1793, and
Sec. v. Reg. III. 1803,
shall be a notice only.
What the notice shall
contain.
How the notice is to
be served if the defen-
dant have an accredited
agent residing at the
How the notice is in
other cases to be served.
To be served by a
single peon or chup-
prassy, who shall re-
quire only the endorse-
ledgment of his prin-
cipal agent or person
acting for him. How
the notice is to be
served if the defendant
be resident in another
jurisdiction ;
Or if the defendant
be neither within such
that of any other Zillah
or City Court, and the
suit be cognizable not-
withstanding, from the
property if immovable
being situated in such
jurisdiction or from the
cause of action having
former case, the notice
to be served upon the
passed; also, whether the amount paid for the subsistence of persons con-
fined in execution of decrees of the Civil Courts is to be repaid by the
party confined on his release. To explain and amend, therefore, the
existing rules of process in the several instances above mentioned, in such
manner as appears requisite, expedient, and conducive to justice, the
Governor-General in Council has enacted the following rules, to be
in force from the time of their promulgation throughout all the pro-
vinces under the immediate government of the presidency of Fort
William. c
II. Upon the institution of a civil suit in the mode prescribed by
the Regulations in any Zillah or City Court, the general first process
against the defendant, instead of the summons and requisition of security
for appearance prescribed by Section V. Regulation IV. 1793, and Sec-
tion V. Regulation III. 1803, shall be a notice only, containing a short
statement of the demand, with a requisition to attend in person or by
vakeel, and to deliver an answer to the plaint, on or before a certain day
to be specified in the notice.
SccoMfC If' the defendant have an accredited agent at the place where
the court is held, expressly empowered, either by a clause in his general
mokhtarnamah, or by a separate mokhtarnamah granted for that purpose, to
receive on behalf of his constituent notices or other judicial processes, which
may not be specially ordered to be served personally by an officer of the
court, the notice to be issued under the preceding clause shall be tendered
to such agent, to be communicated by him to his principal; and the
agent's acknowledgment to be endorsed upon it shall be accepted as a
sufficient service of it, if he be desirous of givingsuch acknowledgment in
preference to the notice being served on the person of his principal by an
officer of the court.
AATraf. If the defendant shall not have an accredited agent at the place
where the court is held, or if he shall not have expressly authorized his
agent to receive notices of the above description; or if such agent shall
decline receiving the notice for communication to his constituent and the
defendant be resident within the jurisdiction of the court; it shall be
served on him through the nazir of the court by a single chupprassy or
peon, who shall require only the acknowledgment of the defendant to be
endorsed upon it, or if he be absent from his usual place of residence, the
acknowledgment of his principal agent, or of any person acting for him
during his absence. If the defendant be resident within the jurisdiction
of any other Zillah or City Court than that in which the suit may have
been instituted, the notice shall be transmitted to the judge of the zillah
or city in which the defendant may reside, to be served in the manner
above directed. If the defendant be neither resident within the jurisdic-r
tion of the Zillah or City Court in which the suit may be instituted, or of
any other Zillah or City Court, and the suit shall notwithstanding be cog-
nizable, either in claims to landed or other immovable proverty, from the
property claimed being situated within the jurisdiction of the court, or in
other cases from the cause of action having arisen within its jurisdiction,
Jdie notice, if the'suit be for land or other immovable property, shall be
served upon the defendant's agent or representative in charge of such
property; and in other,suits, the judge shall cause notice of the claim to