Rules for the administration of Civil Justice
within the jurisdiction of the Agent to the Governor General under Regulation
XIII of 1833. Civil suits of the value of 300 and under
that sum whether for personal or real property shall be cognizable by the
Munsif or the native Chiefs or others, who may hereafter be entrusted with the
powers of Munsif with exception of suits in which the defendants, Cutchary
servants of Europeans or Americans are parties and with exception also of lands
held exempt from the payment of Revenue provided the claim include the whole
amount of demand arising from the cause of action and be not for damages on
account of alleged personal injuries or for personal damages of whatever
nature, Munsifs are prohibited from receiving suits in 'forma pauper' but it is
competent to the Assistant to the Governor-General's Agent to refer such suits
to them. Civil suits of whatever value are ordinarily
to be instituted in the Court of the Assistant within the limits of whose
Division of the jurisdiction, the cause of action may have originated or in
which the defendant may be residing but the Governor-General's Agent may admit
the institution of any suit in the first instance in his own Court whenever for
special reasons he may judge it advisable and he is empowered to try and decide
all suits or appeals which may be instituted before him or referred to him by
his Assistant. No civil suits for personal property shall be
cognizable in any court in the jurisdiction in which the cause of action shall
have originated more than six years antecedent to the institution of the suit
the Rule have effect from the date of promulgation of this order. In like
manner twelve years shall be the limit applicable to all suits for real
property. All suits which the Assistants are authorised to try and decide in
their capacity of Revenue Collectors shall be instituted within one year from
the date on which the cause of action shall have arisen, or if the three
months, provided always that it shall be competent to the Assistant, on
sufficient cause of delay being shown, or in cause of violent or fraudulent
acquisition of property, to admit and to try the merits of any suit although
the period limited shall have expired. All suits in every court shall be tried and
decided openly and publicly in presence of the parties or their authorised
agents. In all suits the plaint shall be written on
stamped paper of the value of specified in No. 8 of the Schedule B Regulation X
of 1829 and answers on stamped paper of the value specified in No. 9 of
Schedule B Regulation X of 1829. Unless the Agent or Assistant in whose court
the suit may be instituted be satisfied of the inability of either party to pay
the Court to admit the plaintiff to use of the defendant to answer in forma
pauper and to remit the stamp duty, but persons instituting groundless or
vexatious suits shall be liable to moderate fine, at the discretion of the
Court commutable in default of payment imprisonment in the Civil Jail for a
period not exceeding one month. The value of lands, houses as laid down in
notes to 8 of Schedule B Regulation X of 1829 and in suits for damages, injury
and loss of caste and the like amount to be computed of the rate assumed by the
plaintiff. With exception to the plaint and answer no
stmp paper shall be required for any petition process pleading or roznamcha in
any suit. All complaints relating to balance or undue
exaction of rent or disputed revenue account shall be received on stamped paper
and shall be heard and decided by the assistant, any parties who may be
dissatisfied with the decision of an assistant being at liberty to institute an
appeal to the agent. In all suits which may be instituted, the
amount or value of the property claimed or interest involved shall be specified
in the petition of the plaint. On the plaint being d, summons or notices shall
be served on the defendant containing a requisition to attend in person or by
an authorised agent to defend the suit on or before a certain day to be there
rein specified: such notice shall be served through the head of the village or
estate where the defendant, may reside, or through the Jamadar of the court by
whom the summons and notices shall be returnable on a fixed day with an
endorsement, certifying the manner in which it may have been served. If the defendant shall appear and answer to
the plaint. the court after making such enquiries from the parties or their
agents as/may appear necessary with a view to as certain the precise object of
the action and the grounds on which it is maintained and having recorded the
same shall proceed to investigate the merit of suit, a sufficient notice being
given to the parties of the day on which the suit may be brought to a hearing.
In cases in which the justness of the claim shall be admitted by the
defendants, pleading may be dispensed with. Should the defendant in suit abscond or
neglect to attend to defend the suit the agent's or assistant's Courts as the
case may be, shall at the expiration of three weeks from the date of the return
of the summons proceed to try the ex parte or in the event of the plaintiff
neglecting to proceed on his suit for three weeks such suits shall be dismissed
unless good cause for the delay shall be shown. Under like circumstances the
Munsif shall refer to the assistant for orders, before trying a suit, ex parte
whose duty shall be to ascertain if the summons was served on, the defendant or
if the plaintiffs neglect, has been satisfactorily established. The attendance of the witness of the parties
shall either be procured by means of a sub-peon to be served through the heads
of villages or estate in which they reside or by a process to be served by the
parties themselves, or by the Jamadar of the Court, and any witness who may
fail or refuse to attend shall be liable to a fine at the discretion of the
Court to be enforced, if necessary by attachment of his personal property. The
court may in all cases order the parties to reimburse their witnesses the expense
incurred by their attendance or to provide for their witnesses the expense
incurred by their attendance or to provide for their witnesses the expense
incurred by their attendance or to provide for their subsistence while in
attendance on the Court. The deposition of witnesses shall be taken in either
Hindustanee or Bengalee language in whichever they may be most conversant, and
such oath shall previously be and inserted by the Court as may be most binding
on their conscience. In case in which a witness may reside at a considerable
distance, or may be unable from sickness, or other cause to attend the court,
his deposition may be taken by the nearest Munsif or Darogah or written
interrogations to be transmitted by the Court. In the Bihar portion of the jurisdiction the
proceedings shall be recorded in Hindustanee and in the Bengal portion in the
Bengalee language. The parties shall in all cases be at liberty to plead their
own cause either in person or by an authorised agent. Every decree in a suit which may by passed by
the agent, his assistant, or a Munsif shall specify the names of witnesses
whose depositions have been taken, the amount money or value of the property
decreed, the costs of he suit of every description, and whether they are to be
defrayed by the plaintiff or defendant or both parties, and if the latter in
what proportion, and no fees or costs whatsoever shall be levied from parties
in civil suits, except as may be authorised by these Rules or by any special
orders of Government, and the parties in all cases in which they may desire it
to be furnished with a copy of the decree within ten days after the decision
shall have been passed. An appeal in all suits shall be from the
Court of the Munsifs to those of the assistants and from the Court of the
assistants to that of agent provided the petitions of appeal from Munsifs to
assistants Courts, and from assistants Court to agent, be preferred in the
first case either to Munsifs or assistants in the latter to assistant or an
agent within six weeks of the date of the decree. All petitions of appeals,
shall specify the grounds of dissatisfaction with the decisions and (unless
preferred by a pauper, shall be written on stamped paper of the value specified
in No. 8 of Schedule B Regulation X of 1829. The execution of decrees passed by
the Munsifs or assistants shall not be stayed, notwithstanding the appeal
unless the appellant gives security, to the fulfilment of the decrees, should
they fall in furnishing security, respondent to be at liberty to sue out for
execution of the decree on giving security for performing the final orders
passed by the higher Court. Whenever an appeal shall be preferred to an
assistant from the Munsifs decision, or to the agent from the assistants
decisions, it shall not be necessary to summon the respondent in the first
instance but forthwith to call for the original record of the proceedings in
the case, and if after the perusal of the record of the original suit and
petition of appeal in the presence of the appellant or his agent, the assistant
or agent, as the case may be, shall see no reason to after the decision
appealed from, it shall be competent to the assistant or agent to confirm the
same and to communicate the order for confirmation through the Court from whose
judgment the appeal was made to the respondent with a view to enable such
respondent to take immediate measures for the execution of the decree. Should
the assistant or the agent admit the appeal he will cause a notice to be issued
to the respondent; on the attendance of the parties, or if the respondent shall
not appear after the due notice having been served on him, on the attendance of
the appellant only or his authorised agent, the assistant or Governor General's
Agent as the case may be shall proceed to try and decide the merits of the
appeal and shall pass a final decision confirming, modifying or revising the
decision of the Munsif or assistant as the case may be as he shall judge
proper. The agent or assistant as the case may be is
empowered to call for any further evidence in a case appellant or, to refer the
same back to the Munsif or assistant for further evidence, when not
sufficiently investigated. The agent or assistant is likewise empowered on the
application of any party suit decided by a Munsif or an assistant but not
appealed, to grant a view of judgment, provided sufficient cause be shown and
the application be preferred within six weeks or cause shown why that period
has been exceeded and the agent or assistant is further competent to remove to
his own or any other Court in the jurisdiction by precept under his official
seal and signature any cause which may be pending in a lower Court recording
his reasons for so doing. With the exception of the Court of the agent
which shall be at liberty to employ an assistant or Munsif, all decrees shall
be carried into effect by the Court by which the suit may have been originally
tried and decided and shall be enforced by attachment and sale of personal
property, or arrest and imprisonment of the person or the debtors except, Rajas
and other whom the agent may consider it proper to exempt Decrees shall be
executed by an order addressed to an officer of the Court on the Head man of
the estate in which the debtor may usually reside or where the property may be
situated. The agent is empowered to afford relief to
insolvent debtors or their sureties who may have no means of discharging the
amount demandable from them, on receiving a statement on oath containing a fair
disclosure of all property belonging to him of whatever description, and if the
agent, shall be satisfied from the enquiry he may make, or cause to be made by
his assistants, that the statement is true, and that the party in confinement
has surrendered for the disposal of the Court any property in his possession,
the agent, may order his release from confinement, but the creditor may at any
period bring to sale, in satisfaction of his demand, by application to the
Court, any property landed being subject to Rule 27 which may subsequently be
possessed by the party released, or may cause the party to be rain confined if
he shall appear to have been guilty of any fraudulent concealment of his
property at the time of discharge. Persons confined in civil jail in execution
of a decree shall receive daily subsistence allowance of two annas to be paid
through an officer of the Court by the party at whose suit, the debtor shall be
confined and it shall be the duty of that officer of the Court to require a
deposit in advance for such persons, of one month, subsistence allowance, in
default of payment, of which he shall report the circumstances to the agent of
his assistant within 12 hours and the prisoner shall forthwith be released from
confinement and it is hereby further provided that no person shall be liable to
personal confinement in satisfaction of a decree for any sum not exceeding Rs.
50/- beyond a period of six months at the expiration of which he shall be
released but any personal property belonging to such person shall be liable to
sale in execution of the judgment, or such part thereof as may remain due. The
following rules are passed for the adjustment of suits by panchayat. The Governor General's agent and his
assistants are authorised at their discretion refer suits for decision to
Panchayats after the plaints had been filed and defendant's answer received.
Either at the sadar station or any other part of the district where the Agent's
on the assistant's cutchery may be at the same time. The Panchayat to consist
of three or five persons to be selected by the agents or assistants from
amongst the person most conversant with the matter at issue. The persons to
compose the panchayat shall not be nominated until the plaintiff, defendant,
and witnesses had been assembled. The plaintiff and defendant shall each be
permitted to challenge any member of the Panchayat and on giving sufficient
reason for the challenge or other person or persons shall be selected to supply
his or their place. The plaintiff and the defendant or their Agents shall each
be called on. On the Governor General's Agent or his assistant determining to
refer a suit to a Panchayat, and before the member of the Panchayat have been
nominated to enter into engagement to abide by the decision of a Panchayat to
be nominated by the Governor General's Agent or his assistant shall immediately
direct a Moharrir to attend the Panchayat, whose duty it shall be under the
direction of the Panchayat to record their proceedings and award. He shall then
direct them to proceed forth (with) to some convenient place in his kutchery or
adjoining it to investigate the matter at issue, when the pleadings shall have
been finished and evidence taken the Panchayat shall direct the Moharrir the
parties to retire, consult and decide on their award and when they have come to
a decision they shall recall the Moharrir to record the award, which award
having been duly attested with their signature they shall deliver to the Court appointing
it, by who a decree in conformity therewith shall be passed which shall not be
appellable or set aside, unless corruption can be proved against the Panchayat
or unless the award shall be contrary to the common law of the country or the
rules enacted by the Governor General in Council. When the matter at issue is a boundary
dispute between two villages within the same Estate the Panchayat shall be
selected from amongst the Head, most influential and respectable men from the
adjacent villages with the Estate, who shall proceed to the boundary and decide
the dispute after careful investigation and fix such boundary marks as will
leave no room for further disputes. When the boundary dispute is between petty
Zamindars, Jagirdars or other holding a Taluk or Estate or several villages in
the same large Estate, the Panchayat shall be selected from amongst the most
respectable and influential persons on the neighbouring Zamindars or Jagirdars,
who shall proceed to the boundary, to decide the point at issue after careful
investigation and place such boundary marks as will prevent further disputes.
With exception the Panchayats shall be formed and proceed in manner directed in
the last rule. As the decisions of suit by Panchayats is to
expedite justice and for the general good, all persons shall be liable to be
employed then it shall however be the duty of the Agent and assistants to make
their selection from amongst the persons above indicated in the manner which
subject them to last convenience. When a matter at issue is a boundary dispute
between two large Estates paying Malguzari direct to Government, the Governor
General's Agent or Assistant as the case may be shall proceed to the spot and
after minute investigation pass this decree. An appeal lying from the Assistant
to the Agent who shall, whether the suit originated in his own Court, or has
appealed from the assistants, pass his decree. Except when the tranquility of
the country will be likely to be disturbed by so doing in which case shall make
a previous reference for the order of the Right Hon'ble the Governor General in
Council. The Governor General's Agents and his
Assistants are required to encourage all persons to refer their dispute to
private arbitration or Panchayat without coming into Court. Parties shall be at liberty to settle suits
by Rajinamas at any stage of the proceedings, but shall only be entitled to
receive back their stamp when settled before the witness have been heard. Vakils shall not be permitted to plead in any
of the Courts within the jurisdiction but parties shall be allowed to conduct
their business in the Courts either in person or by Mokhtears or authorised
agents. But suits for the remuneration of agents of Mokhtears shall not be
heard or decided in any Court. No sale, transfer or mortgage of any landled
property, on account of rent or on any other account shall be legal until the
authority of the Governor General's Agent. The object of this Rule is to
discourage lexactions, litigation which the Regulation Province is greatly
promoted by intriguing Vakils and Mokhtears. The object of this rule is to
prevent the sale, transfer or mortgage of lands, which whether hereditary or
not are considered so by the holders, who would themselves hereafter even if
consenting to transfer, sale or mortgage or whose heirs would (a favourable
opportunity offering make an effort to remove by violent measures also to check
the jungle Rajas, Jagirdars, Zamindars from involving themselves in debt which
by mortgage etc. They have a facility of doing for such sale, transfer or
mortgage, shall previously have been obtained. The Agent's consent shall either
be given in his own court or through the Assistant in whose jurisdiction the
land may be situated by the Agent or Assistant certifying on the back of the
bond that the sale, transfer or mortgage has been sanctioned. The Governor General's Agent shall immediately
have proclaimed that in future his consent to the sale, transfer or mortgage of
landed property belonging to the rajas, jagirdars, zamindars and other
proprietors whose lands have been in possession for generations will generally
withheld. In all suits originally filed in the Court of
the Agent and decided by him involving money transactions exceeding Rs.
5,000/-, if either party be dissatisfied with the decision and the Agent shall
doubt the soundness of his decision he shall receive a petition of appeal from
the party dissatisfied on the stamped paper of the value of Rs. 350/- and
forward it with his original proceedings and a translation of them into the
Persian language to the Sader Diwany for its final orders when the Sader Diwany
after making such further investigation as shall appear necessary, shall give
final judgment on merits of the case. Although the form of the proceedings may
be at variance to that prescribed by the General Regulations. In all cases of disputed succession (original
or in appeal) to large or small estates when a decision may endanger the public
tranquillity or when the Agent shall have a difficulty in coming to a decision
previously to giving final judgment he shall make reference to the Right Hon'ble
Governor General in Council. On any point connected with the
administration of Civil Justice, which may not be provided for by these Rules,
the assistants and Munsif's shall be guided by the instruction they may receive
from the Agent who in all cases appearing to require reference to Government
shall suspend passing any orders and report the circumstances of the case for
the orders of the Governor General in Council.THE
WILKINSON'S RULES
PREAMBLE