DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0549
A.D. 1819.]
REGULATION II.
539
Modified, by
Sec.v.Reg.IX.
1825.
shall caH upon him to deliver, within the period of seven days, a fuli
statement of the grounds on which, with reference to the documents, he
may consider the tenure of the defendant invalid, and the lands liable to
assessment, with all documents on which his claim to the revenue of them
may be founded.
AoMf/A. When the claimant shall have delivered in the said statement
and documents, the collector shall proceed to investigate the case, and to
record his final judgment on it, in the same manner and with the same
powers as in cases in which he may himself propose to assess lands on
account of Government.
The parties shall respectively be subject to the same rules in
regard to the use of stamped paper, on summoning witnesses and tiling
exhibits, as are prescribed for suits instituted in the Zillah or City Courts.
Xkri'A. In cases in which Government may not be itseif a party, and in
which the suit may have been originally instituted in a Court of Judicature,
the collector, on closing his proceedings, shall transmit them, with all
documents therein referred to, to the court by which the reference may
have been made, recording his sentiments on the case as prescribed in
Sections XX. and XXI. of this Regulation, and the court shall proceed
to decide the case, after calling for such further evidence as may appear
necessary; provided, however, that no sunnuds, accounts, or other docu-
mentary evidence of any hind, which may not have been produced before
the collector, and for not producing which the party may not have assigned
a sufficient cause, shall be received by the court.
In cases of the above description, which may have been pre-
ferred directly to the collector, if either of the parties shall be dissatisfied
with the decision passed by that officer, he shall be at liberty to appeal
to the Zillah or City Court by a petition written on stamped paper of the
value of one rupee ; provided, however, that no such appeal shall be
received unless preferred within the period of three months from the date
of the collector's decision, or on good and sufficient cause being shown for
a further delay.
The judge, on receiving such petition, shall require the collector
to transmit all the proceedings held by him in the case with the documents
therein referred to, and shall proceed to investigate and decide on the
case in like manner as if it had been originally instituted in the court, and
referred by it to the collector.
AUzifA. In all cases in which Government may be the defendant, or in
which the revenue of the lands claimed may form part of an estate liable
to a variable assessment, the collector shall, on closing his proceedings,
submit them to the Board of Revenue, or other authority exercising the
powers of that Board, for their decision. In such cases, if the suit shall
have been referred by a Court of Judicature, the collector shall postpone
the transmission of his return to the reference, until he shall receive the
orders of the Board or other authority aforesaid, and if the claim shall have
been originally preferred to the collector, the Courts of Judicature shall not
interfere until the decision of the Board shall have been passed ; provided,
however, that in all such cases the decision of the Board shall be recorded
in a Persian roobakarry, and transmitted to the collector in that form for
the information of the parties; provided, further, that in cases in which
the claim may have been originally preferred to the collector, the
3 z 2
Continuation of the
same subject.
Parties subject to the
same rules regarding
stamped paper as in
regular suits.
The collector's pro-
ceedings on suits re-
The court will then
decide the case.
may appeal to the Zil-
lah Court.
Judge will then de-
cide.
In what case the pro-
ceedings to be submit-
ted by the collector to
the Board of Revenue.
Decision of the Board
how to be communi-
cated.
REGULATION II.
539
Modified, by
Sec.v.Reg.IX.
1825.
shall caH upon him to deliver, within the period of seven days, a fuli
statement of the grounds on which, with reference to the documents, he
may consider the tenure of the defendant invalid, and the lands liable to
assessment, with all documents on which his claim to the revenue of them
may be founded.
AoMf/A. When the claimant shall have delivered in the said statement
and documents, the collector shall proceed to investigate the case, and to
record his final judgment on it, in the same manner and with the same
powers as in cases in which he may himself propose to assess lands on
account of Government.
The parties shall respectively be subject to the same rules in
regard to the use of stamped paper, on summoning witnesses and tiling
exhibits, as are prescribed for suits instituted in the Zillah or City Courts.
Xkri'A. In cases in which Government may not be itseif a party, and in
which the suit may have been originally instituted in a Court of Judicature,
the collector, on closing his proceedings, shall transmit them, with all
documents therein referred to, to the court by which the reference may
have been made, recording his sentiments on the case as prescribed in
Sections XX. and XXI. of this Regulation, and the court shall proceed
to decide the case, after calling for such further evidence as may appear
necessary; provided, however, that no sunnuds, accounts, or other docu-
mentary evidence of any hind, which may not have been produced before
the collector, and for not producing which the party may not have assigned
a sufficient cause, shall be received by the court.
In cases of the above description, which may have been pre-
ferred directly to the collector, if either of the parties shall be dissatisfied
with the decision passed by that officer, he shall be at liberty to appeal
to the Zillah or City Court by a petition written on stamped paper of the
value of one rupee ; provided, however, that no such appeal shall be
received unless preferred within the period of three months from the date
of the collector's decision, or on good and sufficient cause being shown for
a further delay.
The judge, on receiving such petition, shall require the collector
to transmit all the proceedings held by him in the case with the documents
therein referred to, and shall proceed to investigate and decide on the
case in like manner as if it had been originally instituted in the court, and
referred by it to the collector.
AUzifA. In all cases in which Government may be the defendant, or in
which the revenue of the lands claimed may form part of an estate liable
to a variable assessment, the collector shall, on closing his proceedings,
submit them to the Board of Revenue, or other authority exercising the
powers of that Board, for their decision. In such cases, if the suit shall
have been referred by a Court of Judicature, the collector shall postpone
the transmission of his return to the reference, until he shall receive the
orders of the Board or other authority aforesaid, and if the claim shall have
been originally preferred to the collector, the Courts of Judicature shall not
interfere until the decision of the Board shall have been passed ; provided,
however, that in all such cases the decision of the Board shall be recorded
in a Persian roobakarry, and transmitted to the collector in that form for
the information of the parties; provided, further, that in cases in which
the claim may have been originally preferred to the collector, the
3 z 2
Continuation of the
same subject.
Parties subject to the
same rules regarding
stamped paper as in
regular suits.
The collector's pro-
ceedings on suits re-
The court will then
decide the case.
may appeal to the Zil-
lah Court.
Judge will then de-
cide.
In what case the pro-
ceedings to be submit-
ted by the collector to
the Board of Revenue.
Decision of the Board
how to be communi-
cated.