DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0015
A.D. 1806.]
REGULATION II.
5
Extended to
Sudder Ameens
and Moonsifs
by Sec. iv. Act
VI. 1843.
be conveyed to the defendant, in such manner as may appear most certain
and convenient according to the circumstances of the case.
AAiMpM. The notices issued under the preceding clauses of this section
or VAgr.s* M Md prorfsmo o/ Mo
to molungees and others employed in the manufacture of salt, shall be
served in the manner directed by the existing Regulations with respect to
the service of summonses upon persons so employed, when sued as
defendants in the Civil Courts.
III. If a defendant to whom a notice may have been issued, as directed
in the preceding section, shall abscond, or is not after diligent search to
be found or shall shut himself up in any house or building, or retire to any
place, so that the notice cannot be served upon him, the judge (or Mr
rrqfs'Ar M rr/brrc(/ M AMa) on receiving the nazir s return to this
effect, shali issue a proclamation, as directed in similar cases, when a sum-
mons cannot be served upon ,a defendant, by Section XI. Regulation IV.
1793, and Section XIII. Regulation III. 1803. If the defendant shall
not appear in person or by vakeel by the time limited in such proclama-
tion, or if a defendant who may have been served with, a notice as directed
in the preceding section, shall not appear in person or by vakeel within
the time specified, or if, having appeared, he shall refuse to answer the
plaint or make other default, the court, as provided in the sections above
mentioned, shall proceed to try the cause ex parte ; and after examining
the plaintiff's evidence in support of his claim, shall give judgment in the
same manner as if the defendant had appeared, answered, and entered
into proof.
IV. If a defendant, after receiving the notice prescribed in Section II.
shall attend in person or by vakeel and deliver his answer to the plaint,
and no reason shall subsequently appear to the court for requiring security
for his appearance during the trial of the suit, he shall be allowed to
defend the cause to its termination, without being called upon for such
security. But if the judge (or shall be satisfied by sufficient proof
that there is reason to believe that the defendant intends to abscond and
withdraw himself from the jurisdiction of the court, he may, either on the
institution of the suit or at any time whilst the suit is depending in the
Zillah or City Court, issue process against the defendant, requiring him to
give security for his appearance, as prescribed on the issue of summonses by
Section V. Regulation IV. 1793, and Section V. Regulation III. 1803,
under penalty of being committed to close custody until such security be
given, or the decree of the court be complied with, as provided in the
above-mentioned sections, or until an attachment of property shall have
taken place, to secure the execution of the ultimate judgment in the
cause, under the provision made by the following section of this Regula-
tion. The security bond to be executed in such instances shall in sub-
stance correspond with that prescribed by Section III. Regulation XI.
1797,* and Section XXIX. Regulation III. 1803 ; and in fixing the
* FuRM of security bond prescribed in Sec. iii. Reg. XI. 1797. s
" Whereas a suit has been instituted in the Dewanny Adawlut of (he zillah (or city)
of --by-, plaintilf, against <-, defendant; and whereas I-,
agent in charge of such
property; and in the
latter, in such manner
convenient.
Notices issued to
weavers, molungees,
Regulations.
Court how to proceed
against a defendant to
shail abscond, or can-
not be found, or acts
so that the notice can-
not be served on him.
parte on the aliegations
and evidence of the
plaintiff only.
Defendant, after re-
ceiving the notice and
attending in person or
by vakeel, to be allowed
to defend the suit to
its termination, with-
for security, unless it
appear to the court
requisite.
Howthecourtisto
proceed if it appear on
sufficient evidence that
the defendant intends
to abscond.
Process to beissued
in such cases, requiring
security under specific
penalties.
Security bond to cor-
respond with that pre-
scribed in the Regu-
lations herein quoted ;
and in fixing the ex-
REGULATION II.
5
Extended to
Sudder Ameens
and Moonsifs
by Sec. iv. Act
VI. 1843.
be conveyed to the defendant, in such manner as may appear most certain
and convenient according to the circumstances of the case.
AAiMpM. The notices issued under the preceding clauses of this section
or VAgr.s* M Md prorfsmo o/ Mo
to molungees and others employed in the manufacture of salt, shall be
served in the manner directed by the existing Regulations with respect to
the service of summonses upon persons so employed, when sued as
defendants in the Civil Courts.
III. If a defendant to whom a notice may have been issued, as directed
in the preceding section, shall abscond, or is not after diligent search to
be found or shall shut himself up in any house or building, or retire to any
place, so that the notice cannot be served upon him, the judge (or Mr
rrqfs'Ar M rr/brrc(/ M AMa) on receiving the nazir s return to this
effect, shali issue a proclamation, as directed in similar cases, when a sum-
mons cannot be served upon ,a defendant, by Section XI. Regulation IV.
1793, and Section XIII. Regulation III. 1803. If the defendant shall
not appear in person or by vakeel by the time limited in such proclama-
tion, or if a defendant who may have been served with, a notice as directed
in the preceding section, shall not appear in person or by vakeel within
the time specified, or if, having appeared, he shall refuse to answer the
plaint or make other default, the court, as provided in the sections above
mentioned, shall proceed to try the cause ex parte ; and after examining
the plaintiff's evidence in support of his claim, shall give judgment in the
same manner as if the defendant had appeared, answered, and entered
into proof.
IV. If a defendant, after receiving the notice prescribed in Section II.
shall attend in person or by vakeel and deliver his answer to the plaint,
and no reason shall subsequently appear to the court for requiring security
for his appearance during the trial of the suit, he shall be allowed to
defend the cause to its termination, without being called upon for such
security. But if the judge (or shall be satisfied by sufficient proof
that there is reason to believe that the defendant intends to abscond and
withdraw himself from the jurisdiction of the court, he may, either on the
institution of the suit or at any time whilst the suit is depending in the
Zillah or City Court, issue process against the defendant, requiring him to
give security for his appearance, as prescribed on the issue of summonses by
Section V. Regulation IV. 1793, and Section V. Regulation III. 1803,
under penalty of being committed to close custody until such security be
given, or the decree of the court be complied with, as provided in the
above-mentioned sections, or until an attachment of property shall have
taken place, to secure the execution of the ultimate judgment in the
cause, under the provision made by the following section of this Regula-
tion. The security bond to be executed in such instances shall in sub-
stance correspond with that prescribed by Section III. Regulation XI.
1797,* and Section XXIX. Regulation III. 1803 ; and in fixing the
* FuRM of security bond prescribed in Sec. iii. Reg. XI. 1797. s
" Whereas a suit has been instituted in the Dewanny Adawlut of (he zillah (or city)
of --by-, plaintilf, against <-, defendant; and whereas I-,
agent in charge of such
property; and in the
latter, in such manner
convenient.
Notices issued to
weavers, molungees,
Regulations.
Court how to proceed
against a defendant to
shail abscond, or can-
not be found, or acts
so that the notice can-
not be served on him.
parte on the aliegations
and evidence of the
plaintiff only.
Defendant, after re-
ceiving the notice and
attending in person or
by vakeel, to be allowed
to defend the suit to
its termination, with-
for security, unless it
appear to the court
requisite.
Howthecourtisto
proceed if it appear on
sufficient evidence that
the defendant intends
to abscond.
Process to beissued
in such cases, requiring
security under specific
penalties.
Security bond to cor-
respond with that pre-
scribed in the Regu-
lations herein quoted ;
and in fixing the ex-