DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0749
A.D. 1825.]
REGULATION VII.
739
any material deviation therefrom, and consequent irregularity in the sale,
be satisfactorily established ; provided that a petition containing a circum-
stantial statement of such irregularity, and written on the stamped paper
required for miscellaneous petitions in the Zillah and City Courts, be
presented to the court by which the sale may have been ordered, within a
month after the sale. In such cases the court directing the sale to be set
aside shall further be competent to direct a return of the purchase-money,
with or without interest, as provided for in similar cases by the fourth
clause of Section III. of this Regulation.
The summary decisions passed under this section shall be open
to a summary appeal to the .Prcwmcm/ under the general rules for
such appeals.
VI. By the existing Regulations, the judges of the Zillah and City
Courts are required to transmit to the collectors of their respective juris-
dictions (as well as to the Board of Revenue) copies of all decrees which
may be passed by them, c?' or which may be sent to them
for enforcement by the Superior Courts, affecting the proprietary right to,
or possession of^ any lands paying revenue to Government, or held exempt
from the payment of revenue, for the purpose of enabling them to make
the requisite entries and alterations in the periodical registers of land.
The judges of the several Civil Courts are further hereby authorized to
require the aid of the local collector in the enforcement of all such decrees,
whenever it may appear conducive to their speedy and complete execu-
tion, whether by giving possession to the parties entitled thereto, or by the
adjustment of a wasilaut account, or otherwise.
VII. In explanation of the eighth clause of Section XV. Regula-
tion XXVI. 1814, which provides that, in certain cases, "it shall be com-
petent to the court applied to for execution of a decree, instead of
proceeding to the immediate enforcement of the decree, to issue a notice
to the party against whom execution may be sued out, requiring him to show
cause within a limited period, to be fixed by the court, why the decree should
not be executed against him/' it is hereby declared, that the above provision
was meant to be imperative in the cases referred to, and not to leave
a discretion with the court; at the same time, with a view to guard
against abuses, it is now further provided, that whenever it may be shown, by
satisfactory evidence, that the party against whom the decree was passed,
or, in the event of his decease, his legal representative, who may have
become answerable for the fulfilment of it, is about to remove or dispose of
the property from which the judgment should be satisfied, the court, pro-
ceeding as directed in the eighth clause of Section XV. Regulation XXVI.
1814, shall be authorized to require security in such amount as may
appear sufficient for making good the decree, and in the event of such
security not being given, to cause an attachment of property, as provided
for in similar cases, whilst a suit is depending, by Section V. Regula-
tion II. 1806.
Proviso.
In certain cases the
purchase-money to be
returned, with or with-
Summary decisions
passed under this sec-
tion appealable to the
The Civil Courts may
require the aid of the #
collectors in the en-
forcement of decrees
relating to malguzarry
land, whenever it may
appear conducive to
their speedy and com-
plete execution.
Cl. 8, Sec. xv. Reg. -
XXVI. 1814, ex-
plained, and the seve-
ral courts empowered
to require security for
making good decrees,
or in failure thereof, to
5 B 2
REGULATION VII.
739
any material deviation therefrom, and consequent irregularity in the sale,
be satisfactorily established ; provided that a petition containing a circum-
stantial statement of such irregularity, and written on the stamped paper
required for miscellaneous petitions in the Zillah and City Courts, be
presented to the court by which the sale may have been ordered, within a
month after the sale. In such cases the court directing the sale to be set
aside shall further be competent to direct a return of the purchase-money,
with or without interest, as provided for in similar cases by the fourth
clause of Section III. of this Regulation.
The summary decisions passed under this section shall be open
to a summary appeal to the .Prcwmcm/ under the general rules for
such appeals.
VI. By the existing Regulations, the judges of the Zillah and City
Courts are required to transmit to the collectors of their respective juris-
dictions (as well as to the Board of Revenue) copies of all decrees which
may be passed by them, c?' or which may be sent to them
for enforcement by the Superior Courts, affecting the proprietary right to,
or possession of^ any lands paying revenue to Government, or held exempt
from the payment of revenue, for the purpose of enabling them to make
the requisite entries and alterations in the periodical registers of land.
The judges of the several Civil Courts are further hereby authorized to
require the aid of the local collector in the enforcement of all such decrees,
whenever it may appear conducive to their speedy and complete execu-
tion, whether by giving possession to the parties entitled thereto, or by the
adjustment of a wasilaut account, or otherwise.
VII. In explanation of the eighth clause of Section XV. Regula-
tion XXVI. 1814, which provides that, in certain cases, "it shall be com-
petent to the court applied to for execution of a decree, instead of
proceeding to the immediate enforcement of the decree, to issue a notice
to the party against whom execution may be sued out, requiring him to show
cause within a limited period, to be fixed by the court, why the decree should
not be executed against him/' it is hereby declared, that the above provision
was meant to be imperative in the cases referred to, and not to leave
a discretion with the court; at the same time, with a view to guard
against abuses, it is now further provided, that whenever it may be shown, by
satisfactory evidence, that the party against whom the decree was passed,
or, in the event of his decease, his legal representative, who may have
become answerable for the fulfilment of it, is about to remove or dispose of
the property from which the judgment should be satisfied, the court, pro-
ceeding as directed in the eighth clause of Section XV. Regulation XXVI.
1814, shall be authorized to require security in such amount as may
appear sufficient for making good the decree, and in the event of such
security not being given, to cause an attachment of property, as provided
for in similar cases, whilst a suit is depending, by Section V. Regula-
tion II. 1806.
Proviso.
In certain cases the
purchase-money to be
returned, with or with-
Summary decisions
passed under this sec-
tion appealable to the
The Civil Courts may
require the aid of the #
collectors in the en-
forcement of decrees
relating to malguzarry
land, whenever it may
appear conducive to
their speedy and com-
plete execution.
Cl. 8, Sec. xv. Reg. -
XXVI. 1814, ex-
plained, and the seve-
ral courts empowered
to require security for
making good decrees,
or in failure thereof, to
5 B 2