United Provinces of Agra and Oudh (India). Bengal (India). Courts.

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418 CIRCULAR ORDERS.

2. Any claims on sueb property, which may be piefened to
the judge within the limited time, shcrald, in the event of tiie
property being^carried to the credit of Govemment at its dose,
be reported to the Government for its orders. Should tlig
claims be rejected, the claimants will be at liberty to bring a
i^iular suit against the Govemment in the courts of justice.



TO THE CIVIL AND CRIMINAL AUTHORITIES IN
THE NORTH WESTERN PROVINCES.

No. 82. Western Provinces, 5M SlarcK 1845.

exSSaon^*^ Thb Court are pleased, with the sanction of Government, to

rule fai Section direct, that the rule in Section 2, R^nlation XIX. of 1803,

2, Regulatioa

XIX. of i8Qd, prohibiting public officess from lending money to persons within

nantodjudidai *^^^^^ jurisdiction, be extended to all uncovenaiited judicial
officera. ^flj^^^g

2. It will of course be understood, that the foregoing pro«
hibition does not extend to the officers on the ministerial
establishments of the several civil and criminal courts, but to
those functionaries only who are legally empowered to exercise
Judicial functions.



TO THE CIVIL JUDGES AND REGISTERS OF DEEDS
IN THE NORTH WESTERN PROVINCES.

-k^ go Western Provinces, 12M March, 1845.

Promn]gat68 The Court publish the following extract (paragraphs 2 and 3)

2 and 8,) of a of a letter from the judge of Azimgurh, regarding the registra-

judge of Adxn^ ^^Q of deeds during the year 1844, in the expectation, ^t

Sg reaSSm' ^'^^^'J ^^^^ establish the existence of similar abuses in other

tfon of deedfl, offices, and that the precautions taken by Mr, Neave, if generally
with a view to, ,.,^. ,. .»#

prevention of adopted, will be sufficient to ensure their correction. Mr.

therein expw- Neave very justly observes, that the practice of delegating t)ie

^ dutiev, connected with the r^istry of deeds, to an officer liable

to interruption by other calls upon his attention, is not only

illiberal in reference to the considerable sum received by the

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8UDDER DEWANNY ADAWI-UT. 419

register for his services, but destructiye at the same time of the
efficiency of the registry office; and the Court expect that,
wherever the same practice may be found to obtain, the civil
judges will forthwith enforce its relinquishment.
Extract (paragraphs 2 ajid 3) of a letter from the Judge of
Jzimgurh, No, 6, dated 23rd January y 1845.

Para, 2. As I sign the registry books every week, I see
that they are properly kept up, as prescribed. The indexes
are also properly prepared, as required by Section 9, Regulation
XX. 1812, and Circular Order, No. 62, of 26th July, 1844.
On enquiring minutely into the registry afifairs, I found com-
plaints existing that people were unnecessarily detained at the
office ; and I discovered that the principal mdder ameen caused
the duties of mohurrir to the registry of deeds to be performed
by the Rosnamcha Nuveea of his court, a practice not only
illiberal in reference to the large sum received by the register
for his services, but highly to be deprecated as respects the
efficiency of his office, and in every respect detrimental to the
adequate performance of the mohurrir^s duties as officer of the
civil court.

Para. 3. I have therefore directed that the principal sudder
ameen shall not employ the umlah of his court in the perform-
ance of his duty, but that he shall appoint for this service a
mohurrir, or mohurrire, as the case may require ; and that too
on an adequate salary, that a deficiency of proper remuneration
may not lead to that system of extortion, to which an ill-managed
registry office is capable of being made subservient. I have
also directed that all papers presented, for registry before two
o'clock in the day be registered on that day; and that the
principal stcdder ameen be pleased to report from time to time
thiit this rule is complied with, and I have caused an iehtehar
to this effect to be suspended in the court of the principal eudder
ameen, as well as my own, and giving notice that both he and
the judge will be ready to hear any verbal complaints of delay.



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420 CIRCVLAK OftOSmSy

TO THE CIVIL JUDGES IN THE NORTH WESTEKN
PB0VINCB8.

No. 85. fFeitem Provincei, Ibih Mkrek, 1845.

n^^u'S'^' Rkcbnt enquiries, having for their objed; the ascertainmeiit

^tt Order No. of the practical operation of the rales prescribed by Ciiealar

Jmi^ 1342, and Order, Sadder Dewannj Adawlnt, No. 203, dated 24th June,

nil« therwnto ^^^> ^^^ the Coart to oonelade, that the porpose and signi«

^^^^^jlj? fication of the 1 3th paragraph thereof haye been misapprehended,

the Mttlements and that, without some explanation and modification of iti

of which have

been rerieed, terms, the rules in question will continue to be, as thej )ia?e

^. hitherto been, greatly restricted in thmr application and useful



cording to Re- ^ff^M
eiU«t^ DL of ^"^•

^*?L ^^^* 2» This misconception would seem to have arisen rather

exaction of the - ,

eeriificatohere- from defect of attention and consideration, than from any

ed: ei^na indistinctness of the phraseology employed, which distinctly
roleiMb'quM- dcclw«»» *^** ^^^ "i^w shall be in force, '* generally in respeet
St* lurfu*^ ®^ *^^^' ^*^®' provisions, but, as far as they relate to the
which tetUe- settlement record, and to the fulfilment of any requirement for
onght to be which a reference to that record is needed, only in those
c?^ ** Miirta districts, or portions of districts, in which the settlanents have
USto re^SJto* ^*^" revised under Regulation IX. of 1833, on the collector's
land. annually certifying** that the said records, prepared in coafbr-

mity to the instructions of the Sudder Board of Revenue, have
been examined and found correct. It is evident from the
foregoing extract, that the restriction was intended to be limited
to those parts of the rules, which relate to the settlement
record, and not to extend to the whole of those rules, the pro-
visions of several of ^hich have no reference to settlement
records, and may be acted on equally where those records are
defective and erroneous, as elsewhere.

3. It is further to be observed, that some of the rules
under notice simply reiterate the requirements of existing law,
enjoin their observance, and the adjudgment of the penalties
attaching under that Ifiw to their infringement, and that these
particular requirements might, and should be enforced 'by the
civil courts, had the Circular Order to which they are appended,
^ever seen the light.



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8UDDER D£WANNY ADAWLUT. 421

4. The Court, haTing recoiuidered the paragraph above
cited, are disposed to think that the restriction, which it pre-
scribes, eyen in the limited application given to it in the
forgoing lines, is not only inexpedient, but actively injurious.
It can hardly be expected that a certificate, embraong records
of such comprehensiveness and minute detail as the settlement
papers, should be punctually rendered; and it seems puerile,
for the mere want of such a oertificatey (the very comprehen*
siveness of which should ordinarily throw doubts on its integrity,)
to r^ect those portions of the record, the accuracy of which
may be either admitted or proved, and with them the informa-
tion regarding the precise subject of litigation, which they are
calculated to afford. Though informalities and errors, prevent*
ing the revenue authorities from giving a certificate as aow
required, may exist, still these defects need not, and should not,
be held to vitiate the entire record, and deprive it of all title to
authenticity and usefulness.

5. Under these drcumstanoes, the Court are pleased, with
the sanction of Crovemment, to declare paragraph 13 of Circular
Order, Sudder Dewanny Adawlut, No. 208, dated 24th June,
1842, hereby rescinded, and to direct, that the rules thereunto
appended shall be, as far as practicable, brought into full
operation in all those districts, the settlements of which have
been revised, and records prepared, in accordance with the
provisions of Regulation IX. of 1833, and the corresponding
instructions of the Sudder Board of Revenue, without exaction
of the certificate heretofore required.

6. The Court take this opportunity of explaining that the
extract required by rule 4 to be appended to the petition of
plaint, should be taken not from the field map, as therein
stated, but from the khutreh,- (or from the assamewar kkutemee,
whenever that may be the more correct and authoritative docu-
ment,)in which not only the number of each field, corresponding
with the number which represents it in the field map, but its
area, and name of its proprietor and occupant, are entered.

7. It may not be irrelevant, in conclusion, to observe, that
the settlement records are not to be taken as the ground of
decision of suits respecting land, but rather as the basis of



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422 CI&C17I.AR OmDBRS,

inCbnnation regarding the precise subject of litigation; as an
useful and valuable aid, rather than as a rale of guidance to
the dvil courts. Let the information, which these records
afford, be receiyed and carefullj collated with the other eyidenoe,
which will always be adduced; let that, which is manifestly
erroneous be rejected, and that, the truth of which is clear, and
undeniable, be ayuled of; and none other than results satisfac-
tory to litigant parties, and creditable to the ciyil administration,
can ensue. It is as usdess to expect absolute infallability in
the records of settlement, as it is eyidence of a narrow-minded
prejudice to reject that which is really correct and valuable,
because some errors or informalities are discernible.



TO THE CIVIL AUTHORITIES IN THE NORTH
WESTERN PROVINCES,

No. 88. We»lem Pravincei, 7th JprH, 1845,

Prescribes Thb Court, in reviewing the quarterly reports of long stand-

the zHJah ing cases, submitted agreeably to Circular Order No. 144,

^^^ of ^a ^l**^ 24th March, 1841, have notunfrequently found reason to

"rt!**exhibit- ^i^^^^CT* ^^ ^^ dilatory and irregular proceedings of the

tog the orders ameenSy employed in giving effect to the orders of the several

those officers judicial authorities; and they are disposed to think, that the

authorities, and Submission of a periodical statement, exhibiting the orders

made m^S^ addressed to those officers, and the progress made in their

execution. execution, may afford to the civil judges sufficient facilities for

the prevention of carelessness, and the correction of any errors,

originating in ignorance or inexperience.

2. The annexed form of monthly report has been in use for
some time past in the Ghazeepore district, and having been
found practically efficacious, may, perhaps, be ii^troduced with
advantage in all the districts of the North Western Provinces i
its several headings are so simple that no (Marticular instruc-
tions for its preparation are considered requisite, save that the
report submitted by each ameen shall comprise all the orders
received by him within the month, and shall exhibit in the
8th column the causes which may have operated to preyent the
fulfilment of such as remain incomplete at its close.



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SUDDER DXWANNY ADAWLTJT.



423



3» It will be the duty of the ameena to submit this report

<m the 5th of the
month, following that
to which it relates, to
the several judicial offi^
cers, from whom the
orders emanated ; . and
it will bdioye the latter,
after carefully revising
the report, and record-
ing in the column as-*
signed to that purpose
such remarks in regard
to the amecn'< proceed-
ings, and the reasons
given by him for non-
execution of the injunc-
tions, as they may con-
sider necessary, to for-
ward the same for the
final examination and orders of the zillak judge.

4. It seems to the Court, that this method will at once
shew, whether unnecessary delay has been permitted in the
execution of any orders, and, if so, to whom that delay is ascri-
bable; but it is obvious, that the efficacy of the check described
will depend entirely on the degree of punctuality observed by
the ameewt in the submission of their monthly reports, and the
attention bestowed by the judicial officers on their examination
and revision.

5. It is not intended that this report should be forwarded
to the Court, who will be generally able, by reference to the
state of miscellaneous business in each district, to judge whe-
ther the check in question is strictly and carefully maintained.

6. The civil judges are required to give effect to these instruc-
tions from and after the Ist proximo.



. Dedgnaticm of the officer
* who issued the order.




2. No. of the case.




a Names of the parties.




4.


Abstract of the orders, to-




Period allowed for the per-
f. formance of the requisition,
•'• with date of receipt by the
ameen.


-


6.


Dateoftbe ezeintionof the
order.




7.


Amount of fees allowed.




Remarks of the ameen with
a date of despatch of state-
ment.




9.


Observations of the officer
who issaed the order for
the performance of the du-
ty, with date of receipt. .





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424 CIRCULAR ORDKRI,

TO THE CIVIL JUDGES IN THE LOWEB AND
WESTERN PROVINCES.

Lower PratfineeB, 23rd Aprils 1845.
No. 91. Western Prtmneea, 26M May, 1845.

Rulfltregwrd- SfVBRAt. ifistances of mooneij^e having left their stations
qSuing^'ti^ without leave, having been brought to the notice of the C^ourt
onf^roivioma ' ®^ Sudder Dewanny Adawlnt, and applications for leave being
®J*J*jJj«^ve frequently submitted so late as to preclude the possibility of
the Court's orders thereon being received before the day on
which the solicited leave is to commence, the Court are pleased
to direct that, except in cases of sudden and severe illness, moor-
tife shall not be permitted to quit their stations without lesfe.
Should sudden and severe illneu render a mootmj^e remaimog
at his post dangerous, ht may be permitted to leave it, rqiort*
ing the same to the judge; but, iiT such cases he must furnish,
at the earliest opportunity, a medical certificate, which shall
certify whether or no the emergency was such as to make the
departure of the mpaneif, without waiting for permission, ne-
cessary to the restoration of his health. The judge will submit
all such certificates for the orders of the Sudder Dewanny
Adawlut, and state the period for which he would Mbmmend
leave of absence being granted to the sick incumbent, and also,
what arrangement he proposes for the discharge of the duties
of the moonnj^e office pending his absence.

2. The Court of Sudder Dewanny Adawlut further direct
that, except in cases of sudden emergency rendering an earlier
application impracticable, judges will refuse to transmit to the
Court, applications for leave of absence which may not be
received by them in full time to admit of the Court's orders
thereon being received and communicated to the nuHmsif on or
before the date on which it is proposed the leave shall com-
mence. In the event of the sudden emergency alluded to arising,
judges may use their discretion in granting the leave applied
for, reporting the same to the Sudder Dewanny Adawlut.

3. Moaneifk, who shall leave their stations without permis-
sion, except as herein permitted, will render themselves liaUe
to immediate dismissal.



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817DDE& OEWANNY ADAWLUT. 425

4. Thid Circular is not to be understood as interfering with
the rules in force regarding the leave of absence to moomiffa^
and others, during the Hohiwrrvm and Jhunerah vacations.



TO THE CIVIL AUTHORITIES IN THE 'NORTH
WESTERN PROVINCES.

^ Western Provinces, the 29th Jjoril, 1845. j^^ g2.

With reference to an instance, recently brought to th^ Attention

Court's notice, of the prevalence of an illegal practice, in allow- directing that

ing the darogah of the civil jail to receive the subsistence allow- bwaftw^to per-

ance, payable to persons confined in execution of ^decrees, or J^'Scecu^on^

other civil process, it is thoueht advisable to call the attention decrees, or

* ° other civil pro-

of the civil authorities to the provisions of Section 3, Regula- cess, shall be

tion VI. of 1830, which expressly directs that the allowance in the^^mr.^*

question shall be deposited with the nazir of the court, and to

enjoin a strict observance of this rule in future.



TO THE CIVIL AUTHORITIES IN THE LOWER AND
WESTERN PROVINCES.

Western Provinces, 29th Jpril, 1845.

Lower Provinces^ 5th September, 1845. -^ q«

The Courts of Sudder Dewanny Adawlut, are pleased to pub- ^^^^fi^^^.
lish, for the information and guidance of the zillah and city Wted from

. , , , , holding landed

judges and their judicial subordinates, an extract (paragraph 53^**) property in

of a despatch from the Honorable the Court of Directors, No. 2 tricts.^ Present

of 1842, dated 23rd February, and to communicate the following ^^^^'^"'^J'^ "^

instructions on the subject to which it relates. brought iid^

'' the prohibition

2. The rule prescribed in the despatch cited, has not been except nnder

certain circum*
hitherto enforced in the judicial department, and it might per- stances. Role

haps be deemed a measure of unnecessary severity to give it ge- J^^^bo £?ve

nerally retrospective effect, without enquiring as to the circum- ^^^^ Se^-

""""^—■"^^■~~~"~~"*^~^^~~^"^~~^^"~"^^~~^~~"~^^~~~~—^~~'~"~~" ^Agedin specn*
• •* We dii-ect the invariable observance of the rule of the service, that no ladons in the

officer holding civil authority in a diatrict shall directly or indirectly be a hold- ^^^^^.Jj'

er of land or be coacemed in any description of speculation therein." ^o^nated.

H 3



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426 CIRCULAR ORDXRS,

sUncefl, chftracter, and conduct of the parties, who might be
affected thereby. With regard therefore to present incumbents
in judicial office, who are already in possession of landed pro-
perty, whether patrimonial, purchased, or otherwise acquired, it
is not the desire or intention of the Court to exercise any inter-
ference, except where the extent of the pr<^erty may be so
considerable, as to give to the possessor a preponderating locsl
influence, and induce him, for the protection of his own best
interests, to engage in undertakings, and become a party to spe-
culations and transactions, which may divert his attention from
his official duties, and, at the same time, incapacitate him for
their impartial and unbiassed fulfilment. In such cases, where
the inconvenience and injury may be patent to common observa-
tion, it will be the duty of the civil judges to report the circum-
stances for the information of the Court, and for eventual sub-
mission for the orders of Government, in regard to those func-
tionaries, who are not subject to removal from office without the
sanation of jGtevemment.

3. Further, as r^ards present incumbents, the Court are
pleased, with the sanction of Government, to direct that the
spirit of the rule prescribed by the Honorable the Court of
Directors shall be observed, and that the future acquisition by
those parties, of landed property by purchase, or other means
such as farm, gift, or mortgage, and speculations of every
description therein, within the limits of the district, to which
such parties, whether prineipai mdder ameensy tudder ameenSt
or rmxftmfs, may belong shall be considered interdicted. It
will be incumbent on the civil judges to bring to the imme-
diate notice of the Court any contravention of this restrictive
rule, which may come to their knowledge.

4. In future, as a general rule, individuals possessing landed
property, whether patrimonial, purchased, or other, or being
engaged in speculations therein, will be considered ineligible
for appointment to judicial office, within the limits of the
district in which the said property may be situated; but the
civil judges need not be thereby deterred from nominating such
persons, whenever the extent of land may be so small as in
their estimation to render the circumstance no objection to their



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Bt^DDER DEWANNY ADAWLUT. 427

employment in the district to which it appertains, a discre-
tionary power to this extent haying been reserved to the Sudder
Dewanny Adawlut in sueh cases.

5. It will not be difficult to check any contravention of

• C. O. S. D. A. No. 185, the rules hereinbefore prescribed, by

^*a^o!^.^D"A?''Nf^i44. enforcing obedience to the in^ruc-

?*^**.^ /l.^^^'^?^'. ^^ tions contained in the Circular Order

L. P. 4th September, 1836.

a O. & D. A. No. 148, enumerated in the mareinw*
dated W. P. 29th May, and °

L. P. Srd July, 1886.



ameent



TO THE CIVIL JUDGES IN THE LOAVER AND
WESTERN PROVINCES.

Lower and Western Provinces, IbthMay, 1845. No. 94.

By Circular Order, Sudder Devranny Adawlut, No. 49, dated ^.^^^^^
20th September, 1839, paragraph 13th, the principal sudder Jj^^^^", ^*!^**
<imeens are permitted to retain in their own custody the records months, the
of suits, exceeding rupees 5,000 in value, for a period of six ^u decided
months from the date of their decision, ah appeal in such cases, ^ "**
lying direct to the Sudder Dewanny Adawlut, under the provi-
sions of Section 4, Act XXV. of 1837. The considerations in
which this order originated, equally indicate the expediency of
a similar course being pursued in regard to the records of appeals
adjudicated by the principal sudder ameens, agreeably to Sec-
tion 16, Regulation V. of 1831, since by Act 111. of 1843,
authority to hear and determine special appeals from their
judgments passed in those cases, is restricted to the Sudder
Dewanny Adawlut, and the Court are pleased accordingly to
direct, that henceforward the papers connected with cases of
the latter description, shall be retained in the office of the
principal sudder ameens for six months, in case either of the
parties should desire to present an application for the admission
of a special appeal from their decisions.



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428 CIRCULAR ORDER0,

TO THE CIVIL JUDGES IN THE LOWER AND
* WESTERN PROVINCES.

Lower Provinces^ 30M May^ 1845.
No. 95. Western Provinces, 22nd July, 1845.

The names The Court direct, with reference to an opinion expressed bj
BOM for and ^^^ %cting advocate general in a particular case, that in eyeij
procSJf il^^i^ process which may be issued under Act XXIII., 1840., against
Fued under Act either property or person, the names of the parties for and
to be men- against whom respectively the process may be issued, be insert-
ed, and not merely the names of the firms or companies under
which the respectire parties may be associated for trade or
business, except when any company may be empowered by a
special law to sue or be sued in the name of an officer of their
society or association.



TO THE CIVIL JUDGES IN THE LOWER AND
WESTERN PROVINCES.

j^Q Qg^ Lower and Western Provinces, 3rd June, 1845.

Construction DouBTS being found to exist in regard to the interpretation
KeguJation ' of Section 6, Regulation XV. of 1806, notwithstanding the
iative^^to' the exposition of that enactment, contained in Construction No.
ihe'^lnZr^ 983, dated 16th October, 1835, it is thought advisable to pro-
with the effects mulgate for the information and future guidance of th^ ciyil
Britwh subject judges, the issue of a correspondence which has recently passed
on the subject between the Courts of Sudder Dewanny Adawlat.
2. It has been concurrently ruled by both Courts, that, if a
will be in existence, and be found among the effects of a deceased
British subject, before the judge have formally, by the imposi-
tion of the seal of his court, received chaige of the said effects,
his interference is clearly barred by the terms of the enactment
cited, whether trustee or executor, appointed in such will, be
present on the spot or not ; and that if, after the judge hare
taken charges of the estate a will should be discovered, and
produced, it would still be obligatory on him to retain charge
until probate of the said will might be obtained from the
Supreme Court, whether trustee or executor, appointed by the



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811DDER DEWANNY ADAWI^tJT. 429

deceased, or other party, willing to receive, and be responsible
for the property, were present at the time and place of the
testator's decease or not.



TO THE CIVIL JUDGES IN THE LOWER AND
WESTERN PROVINCES.

Lower and Western Provinces, Wth June, 1845. No. 99.



Online LibraryUnited Provinces of Agra and Oudh (India). Bengal (India). CourtsCircular Orders of the Court of Sudder Dewanny Adawlut, for the North ... → online text (page 38 of 56)