Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (2): Regulations from 1806 to 1834 (London, 1854)

912

REGULATION IX.

[A.D. 183L

the decision pointing
out defects.


Proviso.






the attendance of the opposite party, and with or without a revision of the
whole proceedings, as the nature of the case may appear to require. On
the other hand, if a single judge shall be of opinion that the decision or
order appealed against ought to be altered or reversed, as being manifestly
unjust, or at variance with some Regulation in force, or in opposition to
the Hindoo or Mahomedan law, or other law applicable to the case, or as
having been passed without sufficient investigation of the merits, or as
grounded on an assumption obviously erroneous or irrelevant, with refer-
ence to the points at issue, it shall likewise be competent to a single judge
to issue an injunction pointing out the irregularity, illegality, or other
defect apparent in the proceedings, decision, or order appealed against, and
requiring that the court by which the same may have been held or passed
shall revise the case, and proceed thereon in such manner as may appear
conformable to justice and to the Regulations.
AAAA A single judge of the Sudder Dewanny, holding a sitting under
this Regulation, may exercise his discretion in calling for the proceedings
of the lower courts, or such parts of them as may appear necessary, and
may further order a report in English or Persian, as the occasion may
render advisable, on any points requiring explanation, prior to passing a
determination on the case or matter in appeal.
Ao^rA. Provided, however, that if the decree or order appealed against See Sec. ii.
shall have been passed in a regular suit or appeal, after a full investigation ^
of the merits, and the ultimate judgment to be passed on the case mav
rest on a mere difference of opinion as to the facts or evidence, or on a dis-
puted or doubtful point of law, or construction of any Regulation in force,
it shall not be competent to a single judge to alter or reverse such decree
or order. In such cases the single judge will be guided by the rules and prac- Superseded by
tice heretofore in force; Aazl A moA/'cAAn q/SAXon U. XcqM-
/AA% AX. 1819, V .Ac A & A c .AnqA y'cAqc, of A A ozcc ccAorAy,
A crXA a .sccrnA or .spgcAf cpyczA, Acre .Ac A cppcc?' yroMcAs' jAr A
M?2&r ccy q/ Ac prorAA^ A AYccsc AU. YfqycA-
Ao7z AC. 1825.
AY/A. It shall further be competent to a single judge to direct that the
execution of any judgment or order passed by an inferior court, in all cases
in which that measure may appear to him expedient, may be stayed until
a final decision has been passed thereon.
S'AA. Provided, however, that nothing in the foregoing clauses shall be
understood to prohibit a single judge in any case of difficulty or importance
in which he may deem it expedient and proper that the matter at issue
should be decided by two or more judges of the court, from recording his
own opinion thereon, and referring the case to another judge.
To enable the Court of Sudder Dewanny Adawlut duly to
exercise the powers hereby vested in them, the several courts of subordi-
nate jurisdiction are strictly enjoined to conform to those parts of the
Regulations in force which require them to record the point or points at
issue between the parties, and the grounds on which their judgment or
orders may be issued.
III. In modification of Section XXIV. Regulation IX. 1807, it is' '
hereby declared, that cases of a miscellaneous nature, other than criminal
trials, shall not be cognizable by the Nizamut Adawlut. In such miscel-