DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0077
A.D. 1838.]
ACT XXVII.
67
A.D. 1838. ACT XXII.
PASSED Z/ ^6 q/* Mt? (7ozmc^J q/' m (7oMMCz7,
10^/yqp^??z7df, 1838.
I. IT is hereby enacted, that from the 1st day of October, 1838, it shall
be competent to the zillah and city judges, in the territories subject to
the presidency of Fort William in Bengal, to receive a summary appeal
from the orders or decrees of the moonsiffs subordinate to them, in cases
in which such moonsiffs may have refused to admit any suit regularly cog-
nizable by them, or may have dismissed, on the ground of delay, informality,
or other default, without an investigation of the merits of the case, any
such suit which they may have admitted, or any suit regularly referred to
them.
II. And it is hereby enacted, that the provisions contained in the fifth
and sixth following clauses of Section III. Regulation XXVI. of 1 814,
%73<7 ZZ. AZZ. q/1833, Z^c^073 TZZ. Zqq3Z%^3073 ZV.
q/* 1831,* of the Bengal code, shall apply to the summary appeals pre-
ferred under the authority of this Act.
* The sections in italics, relating to the remuneration of pleaders, were repealed by Act 1.
1846.
A.D. 1838. ACT XXVII.
* PASSED Z/ ZZ?30M7'fiZZ ^6 ZV&$3&?3^ q/* ZoM73cZ q/* Z73fZ% 373 6T>3373C3/,
073 ^6 22730? D(?Z7o7% 1838.
I. It is hereby enacted, that so much of Clause First, Section XVIII.
Regulation V. of 1831, of the Bengal code, as provides that no suit be
referred to a principal sudder aumeen, in which the vakeels or officers of
his court shall be a party, is hereby repealed.
II. And it is hereby enacted, that in cases where, by reason of the
above clause, a suit cannot be referred to a sudder aumeen, because he
himself or his relatives or dependants are a party to the suit, and where
the zillah and city judges cannot refer such suit to be tried by any other
competent authority, it shall be lawful for each of the Courts of Sudder
Dewanny Adawlut within the territories subject to the presidency of Fort
William in Bengal, to direct, by an order authenticated by the official
signature of their register, that the cognizance of such suit shall be trans-
it 2
Summary appeals
from moonsiffs to lie to
zillah judges.
Rules applicable to
such summary appeals.
Repeal of part of Sec.
xviii. Reg. V. 1831.
Course to be taken
when a suit eannot be
referred to a sudder
aumeen.
ACT XXVII.
67
A.D. 1838. ACT XXII.
PASSED Z/ ^6 q/* Mt? (7ozmc^J q/' m (7oMMCz7,
10^/yqp^??z7df, 1838.
I. IT is hereby enacted, that from the 1st day of October, 1838, it shall
be competent to the zillah and city judges, in the territories subject to
the presidency of Fort William in Bengal, to receive a summary appeal
from the orders or decrees of the moonsiffs subordinate to them, in cases
in which such moonsiffs may have refused to admit any suit regularly cog-
nizable by them, or may have dismissed, on the ground of delay, informality,
or other default, without an investigation of the merits of the case, any
such suit which they may have admitted, or any suit regularly referred to
them.
II. And it is hereby enacted, that the provisions contained in the fifth
and sixth following clauses of Section III. Regulation XXVI. of 1 814,
%73<7 ZZ. AZZ. q/1833, Z^c^073 TZZ. Zqq3Z%^3073 ZV.
q/* 1831,* of the Bengal code, shall apply to the summary appeals pre-
ferred under the authority of this Act.
* The sections in italics, relating to the remuneration of pleaders, were repealed by Act 1.
1846.
A.D. 1838. ACT XXVII.
* PASSED Z/ ZZ?30M7'fiZZ ^6 ZV&$3&?3^ q/* ZoM73cZ q/* Z73fZ% 373 6T>3373C3/,
073 ^6 22730? D(?Z7o7% 1838.
I. It is hereby enacted, that so much of Clause First, Section XVIII.
Regulation V. of 1831, of the Bengal code, as provides that no suit be
referred to a principal sudder aumeen, in which the vakeels or officers of
his court shall be a party, is hereby repealed.
II. And it is hereby enacted, that in cases where, by reason of the
above clause, a suit cannot be referred to a sudder aumeen, because he
himself or his relatives or dependants are a party to the suit, and where
the zillah and city judges cannot refer such suit to be tried by any other
competent authority, it shall be lawful for each of the Courts of Sudder
Dewanny Adawlut within the territories subject to the presidency of Fort
William in Bengal, to direct, by an order authenticated by the official
signature of their register, that the cognizance of such suit shall be trans-
it 2
Summary appeals
from moonsiffs to lie to
zillah judges.
Rules applicable to
such summary appeals.
Repeal of part of Sec.
xviii. Reg. V. 1831.
Course to be taken
when a suit eannot be
referred to a sudder
aumeen.