Chapter XVI Chapter XVI

The Deputy Commissioner may hold a Court for hearing and determining suits and application under this Act, in any place within the local limits of his jurisdiction : Provided that every hearing and decision shall be in open Court, and that the parties to the suit or application, or their agents, shall have had due notice to attend at such place.

Suits and applications before the Deputy Commissioner under this Act shall respectively be instituted and made,- (a) in the Revenue-office of the district; or (b) when the cause of action has arisen within the local limits of the jurisdiction of a Deputy Collector, who is empowered to receive such suits or applications, then in the office of such Deputy Collector; or (c) in the office of the Revenue Officer having jurisdiction to entertain the same.

The Deputy Commissioner may withdraw any suit application or proceedings from any Deputy Collector or Revenue Officer, who is exercising powers of the Deputy Commissioner under this Act and may try it himself or transfer it to any Deputy Collector.

(1) When any suit is instituted or application made in respect of any land comprised in a tenure or holding and such land is situated in more than one district or sub-division, the district or sub-division in which the greater part of such land is situated shall be deemed to be the district or sub-division in which the cause of action has arisen; and if any question be raised respecting the district or sub-division in which the greater part of the land is situated, the Board or (if the land is situated in one district) the Deputy Commissioner shall decide the question. (2) Except as provided in sub-section (1), no Deputy Commissioner shall exercise any jurisdiction under this Act in respect of any land situated beyond the local limits of his jurisdiction, even if, such land forms part of an estate the revenue of which is paid into the treasury of his district.

The following suits and applications shall be cognizable by the Deputy Commissioner, and shall be instituted and tried or heard under the provisions of this Act, and shall not be cognizable in any other Court, except as otherwise provided in this Act, namely,- (1) all suits for the delivery of leases or counterpart engagements; (2) (a) all suits and applications or the determination of the rent payable by a tenant for- (b) all suits and applications not otherwise provided for in this Act for the assessment of rent upon, or for alteration of rent payable by a tenant for- (c) all suits for arrears of rent on account of,- agricultural land, whether subject to the payment of rent or only to the payment of dues recoverable as if they were rent- (3) (a) all applications to determine the existence, non-existence, nature or extent of- (b) all applications for determination of the sum payable by any person in respect of- (c) all applications for assessment of the sum fairly payable by any person, or for alteration of the sum payable by any person, in respect of- (d) all applications for damages in respect of exceeding, or in respect of interference with the enjoyment of; (e) all suits for arrears of anything payable in respect of,- any of the following rights (not being rights created by a registered contract), namely, rights of pasturage, rights to take forest produce, rights of fishery or other similar rights; (4) all suits and applications under this Act to eject any tenant of agricultural land or to cancel any lease of agricultural land; (4-A) all suits for ejectment of a trespasser where the plaintiff claims as alternative relief that the defendant be declared liable to pay for the land in his possession a fair rent; (5) all suits and applications to recover the occupancy or possession of any land from which a tenant has been unlawfully ejected by the landlord or any person claiming under or through the landlord; (6) subject to the provisions of sub-section (5) of Section 74-A, all suits by or against a village headman for a declaration of title in, possession or ejectment from or recovery of his office or land comprised in his village-headman's tenancy, whether based or not on an allegation of the existence or non-existence of the relationship of landlord and tenant and whether brought or not by or against the landlord of such land; (7) all suits by landlords and others in respect of the rent of land, against any agents employed by them in the management of land or the collection of rents, or the sureties of such agents for money received or accounts kept by such agents in the course of such employment, or for papers in their possession; and (8) all suits and applications in respect of which jurisdiction is conferred by this Act on the Deputy Commissioner: Provided that the Deputy Commissioner may subject to such rules as may be made in this behalf under Section 264, transfer any particular suit or application or any class of suits or application cognizable by him under this Section to a competent Civil Court for trial. (c) all applications for assessment of the sum fairly payable by any person, or for alteration of the sum payable by any person, in respect of- (d) all applications for damages in respect of exceeding, or in respect of interference with the enjoyment of; (e) all suits for arrears of anything payable in respect of,- [any of the following rights (not being rights created by a registered contract), namely, rights of pasturage], rights to take forest produce, rights of fishery or other similar rights; (4) all suits and applications [under this Act] to eject any tenant of agricultural land or to cancel any lease of agricultural land; (4-A) all suits for ejectment of a trespasser where the plaintiff claims as alternative relief that the defendant be declared liable to pay for the land in his possession a fair rent; (5) all suits and applications to recover the occupancy or possession of any land from which a tenant has been unlawfully ejected by the landlord or any person claiming under or through the landlord; (6) subject to the provisions of sub-section (5) of Section 74-A, all suits by or against a village headman for a declaration of title in, possession or ejectment from or recovery of his office or land comprised in his village-headman's tenancy, whether based or not on an allegation of the existence or non-existence of the relationship of landlord and tenant and whether brought or not by or against the landlord of such land;] (7) all suits by landlords and others in respect of the rent of land, against any agents employed by them in the management of land or the collection of rents, or the sureties of such agents for money received or accounts kept by such agents in the course of such employment, or for papers in their possession; and (8) all suits and applications in respect of which jurisdiction is conferred by this Act on the Deputy Commissioner: [Provided that the Deputy Commissioner may subject to such rules as may be made in this behalf under Section 264, transfer any particular suit or application or any class of suits or application cognizable by him under this Section to a competent Civil Court for trial.]

Subject to such rules (if any) as may be made in this behalf under Section 264, a suit may be instituted before, or an application may be made to, the Deputy Commissioner collectively by or against any number of tenants holding land in the same village; and an allegation that such tenants are wrongly joined shall be no ground for dismissing a suit or refusing to hear an application; but, no order shall be passed in any collective suit or on any such collective application unless the officer making the same is satisfied that all parties have had an opportunity to appear and make objection to any claims preferred against them; and if at any time it appears to the Deputy Commissioner that the question between any two of the parties of whom one is so joined with others cannot conveniently be jointly tried or heard, the Deputy Commissioner may order a separate trial or hearing.

Every order or decree passed in any case which is tried or heard jointly under Section 140 shall specify the extent to which each of the tenants named in the order or decree shall be affected thereby.

(1) Notwithstanding anything contained in Section 257, a co-sharer landlord may institute a suit to recover from a tenant,- (a) his share of the rent, when such share is collected separately, or (b) the whole of the rent due to the plaintiff and his co-sharers, when all or any of his co-sharers, who refuse to join in the suit are made defendants therein. (2) When in a suit instituted under clause (b) of sub-section (1), the plaintiff is unable to ascertain what rent is due for the whole tenure or holding, or whether the rent due to the other co-sharer landlords has been paid or not, owing to the refusal or neglect of the tenant or the said landlords to furnish him with correct information on these points or either of them, the Deputy Commissioner shall determine,- (i) what sum (if any) is due to the plaintiff for rent, interest thereon, and costs, and (ii) what sums (if any) are due to the said landlords, respectively on account of their share of the rent and interest therein, for the period in respect of which the suit is brought; and shall decree the suit accordingly. (3) Notwithstanding anything contained in Explanation 1 to Section 47, or in Section 196, a decree awarding to a plaintiff a sum referred to in clause (i) of subsection (2) shall, as regards the remedies for enforcing the same, be as effectual as a decree obtained by a sole landlord or an entire body of landlords in a suit brought for the rent due to all the co-sharers. (4) When the sums due from a tenant to any co-sharer landlord are determined under clause (ii) of sub-section (2), in respect of any period, then no further suit shall lie against such tenant for rent alleged to be due to such landlord in respect of that period.

Suits before the Deputy Commissioner under this Act shall be instituted by presenting a statement of claim showing,- (a) the name, description and place of abode of the plaintiff; (b) the name, description and place of abode of the defendant so far as they can be ascertained; (c) the substance to the claim; and (d) the date of the cause of action.

(1) In all suits and applications before the Deputy Commissioner for the recovery of an arrear of rent or for the ejectment of a tenant from any tenure or holding or for the recovery of occupancy or possession of any tenure or holding, the statement of or application shall contain, in addition to the particulars required by Section 143,- (a) a specification of situation and designation of the land held by the tenant, and (b) a specification of the extent and boundaries of such land, or (if the plaintiff is unable to specify the extent or boundaries) a description sufficient for the identification of the land. (2) In all suits and applications referred to in sub-section (1), and in all other suits and applications before the Deputy Commissioner under this Act relating to the rent of land or to any right or easement arising out of land. If a survey has been made and a record-of-rights has been finally published under this Act or under any law in force before the commencement of this Act, in respect of the land to which the suit or application relates, the statement of claim on application shall further contain the following particulars, namely,- (i) a list of the survey plots comprised in the tenancy, (ii) a statement of the rental of the tenancy according to the record-of-rights, and (iii) a copy of all entries in the record-of-rights, in regard to the subject-matter of the suit or application, unless the Deputy Commissioner is satisfied for reasons to be recorded in writing that it is not necessary that such particulars or any of them should be furnished or that the plaintiff was prevented by any sufficient cause from furnishing such particulars or any of them : Provided that in all cases in which the Deputy Commissioner admits a statement of claim or application which does not contain the said particulars, he may direct the supply, without payment of fee of a verified or certified copy of, or extract from, the record-of-rights relating to the tenancy and the question in dispute in the suit or application. (3) Where since the record-of-rights was prepared and finally published an alteration has been made in the area of the tenancy, the statement of claim must further show how the amount of the rent claimed in the suit has been calculated.

When any account books, rent-rolls, collection paper, measurement-papers of maps have been produced by the landlord before the Deputy Commissioner in any suit or proceeding under this Act, and have been admitted in evidence in the suit or proceeding or in any inquiry pending before the Deputy Commissioner; copies of extracts from, such documents, certified by a duly authorised officer of the Court of the Deputy Commissioner to be true copies of extracts, may, with the permission of the Deputy Commissioner, be substituted on the record for the originals, which may then be returned to the landlord; and thereafter copies of extracts, so certified, may be admitted in evidence in any other suit or proceeding instituted before the same or any other Deputy Commissioner under this Act, unless the Deputy Commissioner before whom they are produced sees fit to require the production of the originals.

The statement of claim shall be presented by the plaintiff or by an agent of the plaintiff, who is acquainted with the facts of the case.

The statement of claim shall be subscribed and verified at the foot by the plaintiff or his agent, in the following form- "I, 'A', 'B', do declare that the above statement is true to the best of my knowledge, information and belief."

(1) If the plaintiff relies in support of his claim on any document in his possession he must produce such document before the Deputy Commissioner at the time of presenting his statement of claim. (2) If such document be not so produced, it shall not afterwards be admitted unless the Deputy Commissioner, for sufficient reasons to be recorded in writing, thinks fit to admit it.

If the plaintiff requires the production of any document in the possession or power of the defendant, he may, at the time of presenting his statement of claim, deliver a description of the document to the Deputy Commissioner, in order that the defendant may be directed to produce the document.

If the statement of claim does not contain the several particulars required by Section 143 or by Sections 143 and 144, as the case may be, or is not subscribed and verified as required by Section 147, the Deputy Commissioner may return the statement of the plaintiff, or may at his discretion allow it to be amended.

If the statement of claim is in proper form the Deputy Commissioner shall direct the issue of a summon to the defendant in the prescribed form and also of a copy of the plaint or, if there are two or more defendants, of such portion of the plaint as relates to him.

If the plaintiff requires the personal attendance of the defendant and satisfies the Deputy Commissioner that such personal attendance is necessary, or if the Deputy Commissioner of his own accord requires such personal attendance, the summons shall contain an order for the defendant to appear personally on day to be specified in the summons; otherwise the summons shall order the defendant to appear personally or by an agent, who is acquainted with the facts of the case.

The said summons shall order the defendant to produce any document which he has in his possession and of which the plaintiff demands inspection, or upon which the defendant may intend to rely in support of his defence; and shall also enjoin the defendant to bring his witnesses with him if they are willing to attend without issue of process.

If the amount of the cost of serving the summons be not deposited in the prescribed manner, the claim shall be rejected; but in such case, the plaintiff may present another statement of claim at any time within the period provided by this Act for the limitation of suits.

If on the day fixed by the summons for the appearance of the defendant, or on any subsequent day to which the hearing of the case may be postponed prior to the framing of issues as provided in Section 167 neither of the parties appears in person or by agent, the case shall be struck off with liberty to the plaintiff to bring a fresh suit unless precluded by the provisions for the limitation of suits contained in this Act.

If on such day, only the defendant appears the Deputy Commissioner shall dismiss the suit unless the defendant admits the claim or part thereof in which case the Deputy Commissioner shall pass a decree against the defendant upon such admission without costs and where part only of the claim has been admitted shall dismiss the suit so far as it relates to the remainder: Provided that such decree if there be more than one defendant, shall be only against the defendant who makes the admission.

If, on such day, only the plaintiff appears, the Deputy Commissioner upon proof that the summons has been duly served shall proceed to examine the plaintiff or his agent, and, after considering the allegations of the plaintiff and any documentary or oral evidence adduced by him, may either dismiss the case, or postpone the hearing of it to a future day for the attendance of any witness whom the plaintiff may wish to call, or decree the suit ex-parte against the defendant.

If the defendant relies on any document in support of his defence, he shall produce it before the Deputy Commissioner at the first hearing of the suit; and if such document is not so produced it shall not afterwards be admitted, unless the Deputy Commissioner for sufficient reasons to be recorded in writing, thinks fit to admit it.

If the defendant appears on any subsequent day to which the hearing of the suit may be postponed under Section 157, the Deputy Commissioner may, upon such conditions (if any) as to costs or otherwise as he may think proper, allow the defendant to be heard in answer to the suit as if he had appeared on the day fixed for his attendance.

A female plaintiff or defendant shall not be required to attend in person if of a rank or class which, according to the customs and manners of the country, would render it improper for her to appear in public.

(1) Any party to a suit before the Deputy Commissioner under this Act may employ an agent to conduct the case on his behalf; but, the appointment of an agent shall not excuse the personal attendance of the plaintiff or defendant in cases where his personal attendance is required by the summons or by any order of the Deputy Commissioner. (2) Processes served on any such agent shall be as effectual for all purposes in relation to the suit as if they had been served on the party in person and all the provisions of this Act relating to the service of processes on a party to the suit shall be applicable to the service of processes on such agent.

The Deputy Commissioner may, in any case, grant time to the plaintiff or defendant to proceed in the prosecution or defence of a suit, and may also from time to time, in order to secure further evidence, or for other sufficient reason to be recorded by him, adjourn the hearing or further hearing of any case in such manner as he may think fit.

(1) When both parties appear in person on the day named in the summons, or upon any subsequent day to which the hearing of the case may be adjourned under Section 162, the Deputy Commissioner may proceed to examine them, and if he examines them either party or his agent may cross-examine the other. (2) If either of the parties is not bound to attend personally, any agent by whom he appears may be examined and cross-examined in like manner as the party himself would have been if he had attended personally. (3) At his first appearance, or at any time before the issues are framed, the defendant may, with the leave of the Deputy Commissioner, file a written statement of his defence. (4) Such statement shall be verified in the manner provided in Section 147. (5) If either of the parties produces a witness on the day aforesaid, the Deputy Commissioner may take the evidence of such witness.

(1) The examination of the parties or their agents shall be conducted according to the law for the time being in force for the examination of witnesses. (2) The depositions of parties, agents and witnesses shall be recorded in English.

If the agent of either party is unable to answer any material question relating to the case, which the Deputy Commissioner is of opinion that the party whom he represents ought to answer and likely to be able to answer if interrogated in person, the Deputy Commissioner may postpone the hearing of the case to a future day, and may direct that such party shall attend in person on such day, and, if such party fails to appear in person on the day appointed, the Deputy Commissioner may decide the suit as in case of default, or make such other order as he may deem proper in the circumstances of the case.

If after the examination referred to in Section 163, and after the examination of any witness, who may attend to give evidence on behalf of the parties, and after a consideration of the documentary evidence adduced, a decree can properly be made without asking further evidence, the Deputy Commissioner shall make a decree accordingly.

If it appears that the parties are at issue on any question upon which it is necessary to hear further evidence, the Deputy Commissioner shall frame issues, and shall fix a day for the examination of witnesses and the final hearing of the suit; and the trial take place on that day, unless there be sufficient reason for adjourning it, which reason shall be recorded by the Deputy Commissioner.

The parties shall produce their witnesses on the day of the trial; and if either party requires assistance to procure the attendance of a witness on such day, either to give evidence or to produce a document, he shall apply to the Deputy Commissioner in sufficient time before such day to enable the witness to be summoned and to attend on that day; and, if the application be made in sufficient time as aforesaid, the Deputy Commissioner shall issue a summon requiring such witness to attend.

(1) If, on the day fixed for the final hearing of the suit, neither of the parties appears, the case shall be struck off under the conditions provided in Section 155. (2) If, on such day, only one of the parties appears, the suit may be tried and determined, in the absence of the other party, upon such proof as may then be before the Court.

(1) The Deputy Commissioner shall pronounce judgement in open Court. (2) The judgement shall be written in English, and shall contain the reasons for the decision, and shall be dated and signed by the Deputy Commissioner at the time when it is pronounced.

(1) The Deputy Commissioner may, at any stage of a suit or other proceeding before him under this Act,- (a) cause a local inquiry and report respecting the matter in dispute to be made by any officer subordinate to him, or by any other officer of the Government with the consent to the authority to whom such officer is subordinate, or by any other person whom the Deputy Commissioner may deem fit; or (b) himself proceed to the spot and make such local inquiry in person. (2) The provisions of the law for the time being in force, relating to local inquiries by Commissioner, under orders of Civil Courts, shall apply to any local inquiry made under clause (a) of sub-section (1), and, so far as they are applicable, also to inquiries made under clause (b) of that sub-section. (3) Where the Deputy Commissioner makes a local inquiry in person, he shall forthwith record on the proceedings any relevant facts which he has observed in the course of the inquiry; and such record shall be received as evidence in the suit or other proceeding aforesaid.

(1) The defendant in any suit before the Deputy Commissioner under this Act may, if he has duly tendered the same to the plaintiff before the institution of the suit pay into Court such sum of money as he may consider to be due to the plaintiff, without paying in any costs incurred by the plaintiff up to the time of such payment, and such sum shall immediately be paid out of Court to the plaintiff. (2) If, after such payment, the plaintiff elects to proceed with the suit and ultimately obtains a decree for no more than what was paid into Court, he may be charged with all costs of the suit incurred by the defendant but, if the plaintiff ultimately obtains a decree for more than what was paid into Court, the defendant may be charged with all costs of the suit.

(1) The defendant in any suit before the Deputy Commissioner under this Act may, without having tendered the same to the plaintiff before the institution of the suit, pay into Court such sum of money as he may, consider to be due to the plaintiff, together with the costs (to be fixed by the Deputy Commissioner, if necessary, as upon a suit originally instituted for the amount so paid into Court) incurred by the plaintiff up to the time of such payment; and such sum shall immediately be paid out of Court to the plaintiff. (2) If, after such payment, the plaintiff elects to proceed with the suit, and ultimately obtains a decree for no more than what was paid into Court, he may be charged with ail costs of the suit incurred by the defendant subsequently to such payment; but, if the plaintiff ultimately obtains a decree for more than what was paid into Court, the defendant may be charged with costs as upon a suit originally instituted for the whole amount for which the plaintiff ultimately obtains a decree, but shall have credit there out for the amount of costs paid into Court by him in the first instance.

From the date on which any sum is paid into Court by the defendant under Section 172 or Section 173 no interest shall be allowed to the plaintiff on such sum, whether it be in full satisfaction of his claim or falls short thereof.

[Repealed]

[Repealed]

When in any suit before a Deputy Commissioner under this Act between a landlord and a tenant the tenant or a third person pleads that the right to receive the rent of the land or tenure cultivated or held by the tenant belongs to such third person on the ground that such third person or a person through whom he claims has actually and in good faith received and enjoyed such rent before and up to the time of the institution of the suit, such third person shall be made a party to the suit, and the question of the actual payment of the rent to such third person in good faith shall be inquired into, and the suit shall be decided according to the result of such inquiry : Provided that such decision shall not affect the right of any party, who may have a legal title to such rent, to establish such title by suit in a Civil Court if instituted within one year from the date of the decision.

(1) Any landlord desiring to eject a non-occupancy Raiyat on the ground that he has failed to pay an arrear of rent, or to cancel the lease of any tenant on account of the non-payment of arrears of rent, may sue for such ejectment or concealment and for the recovery of the arrears in the same suit, or may, in a suit for such ejectment or cancelment, adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears. (2) In all cases of suits for the ejectment of a non-occupancy Raiyat for nonpayment of arrears of rent, or for the cancelment of a lease for non-payment of arrears of rent, the decree shall specify the amount of the arrears; and if such amount together with the interest and costs of suit, be paid into Court, within thirty days from the date of the final decree, the decree shall not be executed. (3) The Deputy Commissioner may, for special reasons to be recorded in writing, extend the period of thirty days mentioned in sub-section (2).

If a decree is given for the grant of a lease to a Raiyat and the landlord fails, for a period of three months, after the date of the decree, to grant such lease, the Deputy Commissioner may grant a lease in conformity with the terms of the decree, under his own hand and seal; and such lease shall have the same force and effect as if granted by the landlord.

If a decree is given for the delivery of a counterpart engagement by a tenant to a landlord, and the tenant fails, for a period of three months after the date of the decree, to deliver such counterpart, the decree shall be evidence of the amount of rent claimable from such tenant, and a copy of the decree under the hand and seal of the Deputy Commissioner shall have the same force and effect as a counterpart engagement delivered by the tenant to the landlord.

No application for the execution of a decree or order passed by the Deputy Commissioner under this Act shall be entertained unless such application be made within three years from- (a) the date on which the decree or order is signed, or (b) where there has been an appeal, the date of the final decree or order of the appellate Court, or (c) where there has been a review of judgement, the date of the decision on the review.

A decree or order passed by a Deputy Commissioner under this Act may be executed either by his own Court or by any other prescribed Court.

Every application for the execution of a decree or order passed by a Deputy Commissioner under this Act shall be in writing, shall be made in the prescribed form, and shall be verified by the applicant or his agent in the form provided in Section 147.

Process of execution may be issued against either the person or the property of a judgement-debtor, but shall not be issued simultaneously against both person and property; Provided that,- (a) process of execution shall not be issued against the person of a judgement-debtor in satisfaction of a decree for arrears of rent due in respect of a holding or of a Bhuinhari tenure; (b) the movable property of the judgement-debtor shall not, without his consent in writing, be attached or sold in execution of a decree for arrears of rent due in respect of a holding unless the decree cannot be satisfied by the attachment and sale of the holding for the arrears of the rent of which the decree was passed.

Every warrant of execution against the person or movable property of a judgement-debtor shall be in the prescribed form.

The following particulars shall be exempted from attachment and sale in execution of any decree or order passed by a Deputy Commissioner under this Act, namely,- (a) the necessary wearing apparel and bedding of the judgement-debtor, his wife and children; (b) tools and implements of husbandry, and such cattle and seed grain as may, in the opinion of the Deputy Commissioner, be necessary to enable the judgement-debtor to earn his livelihood as an agriculturist; (c) the materials of houses and other buildings belonging to and occupied by agriculturist; (d) books of account; (e) any right of personal service; (f) stipends and gratuities allowed to pensioners of the Government and political pensions; (g) the wages of labourers and domestic servants; (h) a right to future: Provided that nothing in this Section shall be deemed to exempt the materials of houses and other buildings from attachment of sale in execution of decrees for rent. Explanation. - The particulars mentioned in clauses (f) and (g) are exempt from attachment or sale whether before or after they are actually payable.

(1) Any movable property required to be seized under warrant of execution shall, if practicable be described in a list to be furnished by the judgement-debtor; but, if the creditor is unable to furnish such list, he may apply for a general seizure of the debtor's effects to the amount of the judgement and costs. (2) In either case, the property to be seized shall be pointed out by the creditor or his agent to the officer entrusted with the execution of the warrant.

Every warrant of execution shall bear the date of the day on which it is signed by the Deputy Commissioner and shall continue in force for such period as the Deputy Commissioner may direct, not being more than sixty days from such date.

Second and successive warrants of execution may be issued by order of the Deputy Commissioner, on the application of the judgement-debtor, after expiration of the period fixed for the continuance in force of a previous warrant.

(1) A warrant of execution shall not be issued upon any decree or order without previous notice to the party against whom execution is applied for if when application for the issue of the warrant is made a period of more than one year has elapsed from date of the decree or order, or from the date of the last previous application from execution. (2) A warrant of execution shall not be issued against the heir or other representative of a deceased party without previous notice to such representative to appear and be heard.

(1) If a warrant is issued against the person of a judgement-debtor, the officer charged with the execution of the warrant shall bring him with all convenient speed before the Deputy Commissioner. (2) If the decree in execution of which the judgement-debtor was arrested is a decree for money, and if he does not immediately deposit in Court the full amount specified in the warrant or make arrangements, satisfactory to the judgement-creditor, for the payment of the same, or satisfy the Deputy Commissioner that he has no present means of paying the same, the Deputy Commissioner shall send him to the civil jail thereto remain for such time as may be directed by warrant addressed to the keeper of the jail, unless in the meantime, he pays the said amount: Provided that no judgement-debtor shall be imprisoned in the execution of a decree under this Act for a longer period than six months or (if the decree is for the payment of a sum of money net exceeding fifty rupees) six weeks. (3) If the decree in execution of which the judgement-debtor was arrested is a decree for the delivery of paper or account and if the paper or account are not immediately delivered by him to the Deputy Commissioner, the Deputy Commissioner may commit him to the civil jail, thereto remain for such time not exceeding six months as the Deputy Commissioner may direct, unless in the meantime, he delivers the papers or accounts according to the term of the decree.

(1) When any judgement-debtor has been discharged from the civil jail, he shall not be imprisoned a second time under the same decree or order. (2) If the amount, due under such decree or order does not exceed fifty rupees, the Deputy Commissioner may declare such discharged person to be absolved from liability thereunder. (3) In other cases, the discharge shall not extinguish the liability of the discharged person under such decree or order or exempt property belonging to him from attachment in execution thereof.

(1) Any person who applied for a warrant of execution against the person of a judgement-debtor shall deposit in Court, at the time of the issue of the warrant diet-money for thirty days, at such rate as the Deputy Commissioner may direct, for the subsistence of the prisoner. (2) The said person shall also pay diet-money, at the same rate before the commencement of each succeeding month of the imprisonment, and, if he fails to make any such payment, the prisoner shall be discharged. (3) All diet-money spent in providing subsistence for any prisoner shall be added to the costs in the suit; and any diet-money not so spent shall be returned to the person, who paid it.

(1) If the decree or order is for the ejectment of any cultivator from land occupied by him or for the reinstatement of any cultivator in the occupancy of the land from which he has been ejected the decree or order shall be executed by giving the possession or occupancy of the land to the person entitled by the decree or the order to such possession or occupancy. (2) If any opposition to the execution of the order for giving such possession or occupancy is made by the party against whom the order is made, Deputy Commissioner shall, in the exercise of his powers as a Magistrate give effect to the order.

If the decree or order is for the cancelment of any lease or the ejectment of any tenant (not being an actual cultivator) or for the reinstatement of any tenant (not being an actual cultivator), in the possession of tenancy from which he has been ejected the decree or order shall be executed,-

(a) by proclaiming its substance to the cultivators or other occupants of the tenancy by beat of drum, or

(b) by notification reciting the substance of the decree or order and affixed in some conspicuous place within, or adjacent to the tenancy, or

(c) in such other manner as may be prescribed.

If a decree is given by the Deputy Commissioner under this Act in favour of a sharer in a joint undivided estate or tenure, for money due to him on account of his share of the rent of any tenure comprised in such undivided estate or tenure, application for sale of such tenure shall not be received unless execution has first been taken out against any movable property which the judgement-debtor may possess within the district in which the suit was instituted and unless the sale of such property, if any, has proved insufficient to satisfy the decree; and such tenure may then, with the previous sanction of Deputy Commissioner but not otherwise, be sold, in execution of the decree, in the manner in which any other immovable property may be sold in execution of a decree for money under the provisions of clause (b) of Section 210.

When one or more co-sharer landlords applies or apply for the execution of a decree obtained in a suit instituted under clause (b) of Section 142, by the sale of a tenure or holding, the Court executing such decree shall, before proceeding to sell the tenure or holding, give notice of the application for execution to the other co-sharers.

In the execution of any decree or order by the Deputy Commissioner under this Act for the payment of money, not being money due or recoverable as an arrear or rent; if satisfaction of the decree or order, cannot be obtained by execution against the person or movable property of the debtor within the district in which the suit was instituted, the judgement-creditor may apply for execution against any immovable property belonging to such debtor, and such immovable property may, with the sanction of the Commissioner, but not otherwise, be brought to sale in the manner provided in clause (b) of Section 210.

(1) For the purpose of executing a warrant of execution issued by the Deputy Commissioner under this Chapter against the movable property of a judgement-debtor, the officer charged with the execution of the warrant shall prepare a list of the property pointed out by the judgement-creditor; and shall publish a proclamation specifying the day upon which the sale is intended to be held, and a copy of the said list, at the intended place of sale and at the residence of the debtor. (2) A copy of the said list and proclamation shall be transmitted to the Deputy Commissioner, and shall be affixed in his office. (3) Until the day of sale, the said property shall remain in the custody of the officer executing the warrant or of some other person to whom such officer by a writing under his hand commit the custody thereof. Such person shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

No sale of any movable property (other than perishable property) seized in execution under this Chapter shall be made until the expiration of a period of ten days after the day on which the property was so seized.

(1) Such sale shall be held at the place where the property is deposited or at the nearest market or other place of public resort if the officer executing the warrant thinks it is likely to sell there to better advantage. (2) The property shall be sold by public auction in one or more lots as the officer executing the warrant may think advisable and if the judgement-debtor, and the costs of the execution and sale, are realised by the sale of a portion of the property; the execution shall immediately be withdrawn with respect to the remainder.

Officers executing warrants for the sale of property under this Chapter and all persons employed by, or subordinate to such officers, are prohibited from purchasing, either directly or indirectly any property sold by such officers.

If on the property being put up for sale, no price which the officer executing the warrant considers fair is offered for it, and the owner of the property, or some person authorised to take action on his behalf, applies to have the sale postponed until the next day, or the next market day if a market be held at the place of sale or in the vicinity; the sale shall be postponed until such day, and shall then be completed at whatever price may be offered for the property.

(1) The price of every lot shall be paid at the time of sale or as soon as thereafter, as the officer executing the warrant may direct; and in default of such payment, the property shall again be put up and sold. (2) When the purchase-money has been paid in full the officer executing the warrant shall deliver the property to the purchaser with a certificate describing the property and stating the price paid.

(1) From the proceeds of the sale the officer executing the warrant shall make a deduction at the rate of one anna in the rupee, on account of the cost of sale and shall transmit the amount so deducted to the Deputy Commissioner, in order that it may be credited to the State Government. (2) The said officer shall deal with the rest of the proceeds in the prescribed manner.

(1) If before the day fixed for the sale, a third party appears before the Deputy Commissioner and claims a right or interest in any of the movable property seized in execution, the Deputy Commissioner shall examine such party or his agent according to the law for the time being in force relating to the examination of witness, and, if he sees sufficient reason for so doing may stay the sale of such property. (2) The Deputy Commissioner shall, after taking evidence, adjudicate upon such claim, and shall make such order thereupon as he thinks fit. (3) If the claimant fails to establish his right to the property seized in execution the Deputy Commissioner may, by his order under sub-section (2), award to the judgement-creditor against the claimant, in addition to the costs of the proceedings such sum as the Deputy Commissioner may consider sufficient to cover any loss of interest or any other damage which the judgement-creditor has sustained by reason of the postponement of the sale. (4) The party against whom any order is passed by the Deputy Commissioner under this Section may, at any time within one year from the date of the order, bring a suit in the Civil Court to establish his right: Provided that if the property has been sold the suit shall not be for the recovery of the property but for damages against the judgement-creditor by whom the property was brought to sale.

No irregularity in publishing or conducting a sale of movable property under a warrant of execution issued under this Chapter shall vitiate such sale but nothing contained in this Section shall bar any person who sustains damage by reason of any such irregularity from recovering damages by suit in the Civil Court if instituted within one year from the date of the sale.

(1) When a decree passed by the Deputy Commissioner under this Act is for an arrear of rent due in respect of a tenure or holding, the decree-holder may apply for the sale of such tenure or holding, and the tenure or holding may thereupon be brought to sale in execution of the decree, according to the procedure laid down in Sections 208-B to 208-D: Provided firstly that the purchaser of a tenure at any such sale shall not be entitled to annual any lease, right or tenancy referred to in clauses (a) to (f) of Section 14 of this Act: Provided secondly also that, Deputy Commissioner may, by order in any case in which he may consider it desirable so to do,- (a) prohibit the sale of any tenure or portion thereof, or (b) stay any such sale for any period specified in the order. Provided thirdly that any sale of a resumable tenure under this Section shall not affect the right of the grantor or his successor in title to resume such tenure but shall be made subject to such right: Provided fourthly that, when the holding of an aboriginal Raiyat or of a Raiyat, who is a member of a scheduled caste is sold, such land shall be sold to the highest bidder, Provided secondly also that, Deputy Commissioner may, by order in any case in which he may consider it desirable so to do,- (a) prohibit the sale of any tenure or portion thereof, or (b) stay any such sale for any period specified in the order. Provided thirdly that any sale of a resumable tenure under this Section shall not affect the right of the grantor or his successor in title to resume such tenure but shall be made subject to such right: Provided fourthly that, when the holding of an aboriginal Raiyat or of a Raiyat, who is a member of a scheduled caste is sold, such land shall be sold to the highest bidder, who is an aboriginal or a member of a scheduled caste, as the case may be and shall not be sold to any person other than an aboriginal or a member of a scheduled caste unless no aboriginal or member of a scheduled caste bids for such land an amount which is not less than the amount specified in the proclamation of sale. (1-A) Notwithstanding anything to the contrary contained in sub-section (1) or in any other provision of this Act, or in any other law, where a decree-holder applies for the sale of an occupancy holding, only that portion of such holding shall be sold, the proceeds of the sale of which will be sufficient to satisfy the sale or satisfy the amount due under the decree, and such portion shall not be sold at a price lower than the price specified in the proclamation of sale; and the Deputy Commissioner shall, before putting up any such portion of a holding for sale estimate the value of the whole holding and that portion of the holding the proceeds of the sale or which he considers will be sufficient to satisfy the decree and shall specify the price of such portion in the sale proclamation : Provided firstly that if the decree-holder specifies which portion of the holding should be sold, the Deputy Commissioner shall order that such portion or so much of such portion as may be seem to him necessary to satisfy the decree shall be sold and proceeds paid as provided in this Section. Provided secondly that if there is any encumbrance on any portion of such holding the Deputy Commissioner shall not order such portion to be sold unless in his opinion the decree cannot be satisfied without the sale of such portion: Provided thirdly that if the highest amount bid for the property included in the sale proclamation is less than the price specified for such property in the proclamation, the Deputy Commissioner may sell the property for such highest amount, if the decree- holder consents in writing to forego so much of the amount decreed as is equal to the difference between the highest amount bid and the price specified for such property in the sale proclamation : Provided fourthly that if the highest bid for such land is less than the amount specified in the proclamation of sale, the decree-holder shall be bound to bid up to that amount and purchase the portion of the holding included in the sale proclamation. (2) When a warrant of execution has been issued under this Chapter against the person or movable property of the judgement-debtor, no application shall be received under sub-section (1) while such warrant remains in force. (3) Nothing in this Section shall authorise the sale of a tenure or holding or portion thereof except in execution of a decree for an arrear of rent. (c) if there remains a balance after those sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and (d) The balance (if any) remaining after the payment of rent referred to in clause (c) shall, upon the expiration of two months from the date of the sale, be paid to the judgement-debtor upon his application; Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit instituted under clause (b) of Section 142,- (i) payment of the amount due under such decree shall, notwithstanding anything contained in clause (b) of this Section be made to the decree-holder and to other co-sharer landlords in proportion to the amount found to be due to each, and (ii) if there remains balance, payment of any rent which may have accrued due in respect of the tenure or holding between the institution of the suit and the date of the sale shall, notwithstanding anything contained in clause (c) but subject to the determination in the manner and with effect mentioned in sub-section (2) of any dispute as to their respective rights to receive such rent, be made to the said decree-holder and other co-sharer landlords in proportion to their respective shares in the tenure or holding. (2) If the judgement-debtor disputes the decree-holder's right to receive any sum on account of rent under clause (e) the Deputy Commissioner shall determine the dispute and the determination shall have the force of decree.

Where a tenure or holding or a portion thereof is sold in execution of a decree for an arrear of rent, the following procedure shall be observed, namely:-(a) The Court holding the sale shall cause to be hung up in its own Court and in that of the Deputy Commissioner of the District in which the land comprised in the tenure of holding to be sold is situated, and to be affixed on some conspicuous place on the land in the town or village in or nearest to which the said land is situated a notice for the sale of the said tenure or holding on some fixed date not less than twenty days from the hanging up of the said notice in the Court in which the decree is in course of execution. (b) The said notice shall specify, in the words used in the plaint in the suit in which the decree was made the name of the village, estate and pargana, or other local division in which the land comprised in the said tenure or holding is situated, the yearly rent payable and the gross amount recoverable under the said decree. (c) If the sum due under the decree together with interest to date of payment and all costs of processes, be paid into Court at any time before the sale commences, whether by the defaulting holder of the tenure or holding, or any one on his behalf, or any one interested in the protection of the tenure or holding, as the case may be, such sale shall not take place. (d) The tenure or holding or part thereof shall be sold to the highest bidder in open Court. (e) The party, who shall be declared to be the purchaser, shall be required to deposit immediately, in cash or Government currency notes, twenty-five percentum of the amount of his bid; and in default of such deposit, the tenure or holding or part thereof as the case may be, shall be put up again and sold forthwith, or on the next ensuing office day: Provided that if the purchaser be the decree-holder, he shall be entitled to a set-off of his decretal amount against the amount of his bid. (f) The full amount of the purchase money shall be made good by the purchaser before sunset of the eight days from that on which the sale took place, reckoning that day as one of the eight days; or if the eight days be a Sunday or other closed holiday then on the first office day after the eighth day; and in default of payment within the prescribed period as aforesaid, the deposit shall be forfeited to the Government, and the tenure or holding or part thereof, as the case may be, shall be resold; and the defaulting purchaser shall forfeit all claims thereto or to any part of the sum for which the tenure or the holding or part thereof, as the case may be subsequently sold : Provided that if the proceeds of the sale which may be eventually completed be less than the price bid by the defaulting purchaser, the difference shall be leviable from him under the law for enforcing the payment of money in satisfaction of a money decree for arrears of rent. (g) The provisions with regard to sales shall also be applicable to all re-sales under this Section which may be rendered necessary by the default of any purchaser.

When the purchase money shall have been paid in full the officer holding the sale shall give the purchaser a certificate in the prescribed form containing the necessary particulars of the property sold; and shall further, on the purchaser making application and depositing the requisite costs to be determined by him, depute an officer or Amin to put him in possession of the property in customary manner.

Subject to the first Proviso to sub-section (1) of Section 208, the purchaser of a tenure or holding or portion thereof, as the case may be, shall acquire it free of all encumbrances which may have accrued thereon by any act of the holder or his representative-in-interest, unless the right of making such encumbrances shall have been expressly vested in the holder by the written engagement, if any, under which the tenure or holding was created or by the subsequent written authority of the person, who created it or his representatives-in-interest: Provided that nothing herein contained shall be held to entitle the purchaser to eject khudkaph Raiyats or resident and hereditary cultivators, nor to cancel bona fide engagements made with such class of Raiyats or cultivators aforesaid by the late incumbent of the under-tenure or his representatives-in-charge, except it be proved, in a regular suit to be brought by such purchaser for the adjustment of his. rent, that a higher rent would have been demandable at the time such engagements were contracted by his predecessor. Nothing in this Section shall be held to apply to the purchase of a tenure by the previous holder thereof, through whose default the tenure was brought to sale.

(1) In disposing of the proceeds of the sale of a tenure or holding under Section 208, the following procedure shall be observed, that is to say,- (a) there shall be paid to the decree-holder the costs incurred by him in bringing the tenure or holding to sale; (b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made; (c) if there remains a balance after those sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and (d) The balance (if any) remaining after the payment of rent referred to in clause (c) shall, upon the expiration of two months from the date of the sale, be paid to the judgement-debtor upon his application; Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit instituted under clause (b) of Section 142,-

(1) If, after the sale of a tenure or holding in pursuance of Section 208, any portion of the decree amount remains due or if the tenure or holding or portion thereof cannot be sold under that Section by reason of the decree not being a decree for an arrear of rent process may be applied for against any other property, movable or immovable, belonging to the judgement-debtor. Provided that nothing in this Section shall be deemed to authorise the arrest of detention in the civil prison of the judgement-debtor. (2) Notwithstanding anything contained in sub-section (1) when the Deputy Commissioner passes a decree for an arrear of rent due in respect of a tenure, the decree-holder may, with the permission of the Deputy Commissioner, granted for reasons to be recorded in writing proceed against any other property, movable or immovable, of the judgement-debtor, without first making application for the sale of the tenure in respect of which the arrear has accrued. (3) Property referred to in sub-sections (1) and (2) may be brought to sale,- (a) if movable, in the manner provided in Sections 199 to 205, and (b) if immovable, in the manner provided by Order XXI, Rules 11(3), 13, 14, 54 (with which shall be read Section 64 of the said Code, 55, 58, to 73 inclusive, 83 to 88 inclusive and 91 to 103 inclusive of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) the words and figures 'Rule 89 and 'Rule 90' occurring in Rule 92 being understood as Section 212, sub-section (1) and Section 213, sub-section (1), respectively of this Act. Provided that where anything contained in the said provisions is inconsistent with anything contained in Sections 212 to 214 inclusive, the latter shall prevail. (4) When immovable property has been brought to sale in the manner provided by sub-section (3)(b) and such sale has become absolute, property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

(1) If before the day fixed for the sale of any tenure or holding in pursuance of Section 208 a third party appears before the Deputy Commissioner and alleges that he and not the person against whom the decree has been obtained, was in lawful possession of, or had some interest in the tenure or holding when the decree was obtained. The Deputy Commissioner shall examine such party according to the law for the time being in force relating to the examination of witnesses, and if he sees sufficient reason for so doing and if such party deposits in Court or gives security for the amount of the decree the Deputy Commissioner shall stay the sale, and, shall after taking evidence adjudicate upon the claim : Provided that no such adjudication shall be made if the Deputy Commissioner considers that the claim was designedly or unnecessarily delayed : Provided also that no transfer of a tenure shall be recognised unless it has been registered in the office of the landlord or sufficient cause for non-registration is shown to the satisfaction of the Deputy Commissioner,- (1-A) (a) If the Deputy Commissioner gives judgement in favour of such third party, the amount of the decree shall be satisfied from the deposit or security aforesaid, and the Deputy Commissioner shall in his judgement set out the portion if any, of the said amount and of his costs in the proceedings which such third party is entitled to recover from each of the other persons having an interest in the tenure or holding, and such sum shall be deemed to be money (not being due or recoverable as an arrear of rent) payable under order of the Deputy Commissioner under this Act; (b) If the Deputy Commissioner gives judgement against such third party, the sale shall proceed, and such third party shall upon payment of the costs, if any, allowed against him, be entitled to the return of the deposit or cancellation of the security, as the case may be. (2) The party against whom judgement is given by the Deputy Commissioner under sub-section (1) may, at any time within one year from the date of the judgement, bring a suit in the Civil Court to establish his right and, if the sale has been held to have it set aside on payment by him of the amount of the decree.

(1) When any immovable property has been sold under this Chapter in execution of decree, any person, who owned such property immediately before the sale, or who claims, an interest therein under a title lawfully acquired before the sale may, at any time within a period of ninety days from the date of the sale, apply to have the sale set aside on his depositing in the Court of the Deputy Commissioner,- (a) for payment to the purchaser-a sum equal to five per centum of the purchase-money, and (b) for payment to the decree-holder-the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation or sale have been received by the decree-holder; Provided that if a person applies under Section 213 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section. (2) If the said deposits are made within the said period, the Court shall pass an order setting aside the sale, and the purchaser shall be entitled to an order for the payment of the aforesaid sum equal to five per centum of the purchase-money and to an order for repayment of his purchase money, with or without interest as the Court may direct against any person to whom it has been paid.

When any immovable property has been sold under this Chapter in execution of a decree, the decree-holder or the person, who owned such property immediately before the sale may, at any time within a period of thirty days from the date of sale, apply to the Deputy Commissioner to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it; but no sale shall be set aside on the ground of a irregularity unless the applicant proves to the satisfaction of the Deputy Commissioner that he has sustained substantial injury by reason of such irregularity: Provided that, if a person applies under Section 212 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section. (2) If an application be made under this Section, and if the objection be allowed, the Deputy Commissioner shall pass an order setting aside the sale.

Order passed by the Commissioner or Deputy Commissioner in appeals referred under Section 215 shall not be open to any further appeal; but the Board or (in the case of appeals decided by the Deputy Commissioner) the Commissioner may call for the case and pass such orders thereon as it or he may think proper.

[Repealed]

[Repealed]

(1) The Deputy Commissioner or the Commissioner, as the case may be, shall fix a day for hearing the appeal, and shall cause notice of the same to be served on the respondent. (2) If on the day fixed for hearing the appeal, or on any other day to which the hearing may be adjourned, the appellant does not appear in person or by agent, the appeal shall be dismissed for default. (3) If on such day the appellant appears and the respondent does not appear in person or by agent, the appeal shall be heard ex-parte.

If an appeal is dismissed for default of prosecution, appellant may, within thirty days from the date of the dismissal, apply to the Deputy Commissioner, or the Commissioner as the case may be, for the readmission of the appeal; and, if it is proved to the satisfaction of the Deputy Commissioner or the Commissioner, as the case may be, that the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Deputy Commissioner or the Commissioner, as the case may be, readmit the appeal.

When an appeal is heard ex-parte in the absence of the respondent and judgement is given against him, he may apply to the Appellate Court to re-hear the appeal; and if he satisfies the Court that notice was not duly served or that he was prevented by sufficient cause from attending when the appeal was called on for hearing, the Court may re-hear the appeal on such terms as to costs or otherwise as the court thinks fit to impose upon him.

After hearing the appeal, the Deputy Commissioner or the Commissioner, as the case may be, shall give judgement in the manner provided in Section 170 for giving judgement in original suits.

(1) [Omitted] (2) Save where otherwise expressly provided in this Act or by any other law for the time being in force, a second appeal shall lie to the High Court from any appellate decree passed by the Judicial Commissioner under this Chapter or from any order passed by him on appeal under Section 215, on any of the following grounds, namely,- (a) the decision being contrary to law or to some usage having the force of law; (b) the decision having failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect in the procedure provided by this Act which may possibly have produced error or defect in the decision of the case upon the merits, and the provisions of Part VII and of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply, so far as may be, to such appeals.

(1) Where, in analogous suits, some appeals have been presented to the Deputy Commissioner and others to the Judicial Commissioner, the Judicial Commissioner may, on the application of any of the parties, transfer to his own Court the appeals pending in the Court of the Deputy Commissioner. (2) Where, in analogous suits, some appeals lie to the Deputy Commissioner and others to the Judicial Commissioner, a plaintiff or defendant whose appeal would ordinarily lie to the Deputy Commissioner may, if an appeal in any such suit has been presented by any other plaintiff or defendant to the Judicial Commissioner and admitted, present his appeal to the Judicial Commissioner instead of to the Deputy Commissioner, and the Judicial Commissioner may hear and decide the same.

[Repealed]

(1) No appeal by plaintiff or defendant shall lie from a judgement or order passed against him by default for non-appearance, whether such judgement or order were given under Section 155, Section 156, Section 157 or Section 169. (2) If the party against whom any such judgement or order has been given appears, either in person or by agent,- (a) if a plaintiff, within thirty days from the date of Deputy Commissioner's order, and (b) if a defendant, within thirty days after any process for enforcing judgement has been executed, or at any earlier period, and shows sufficient cause for his previous non-appearance, and satisfies the Deputy Commissioner that there has been a failure of justice, the Commissioner may, upon such terms and conditions as to costs or otherwise as he may think proper, revive the suit and set aside the judgement or order.

In all cases in which the Deputy Commissioner, under Section 227, passes an order setting aside a judgement or order, the order shall be final but in all appealable cases in which the Deputy Commissioner, under that Section, rejects an application for setting aside a judgement or order, an appeal shall lie from the order of rejection to the tribunal to which the final decision in the suit would be appealable, provided that the appeal be preferred within the time allowed for an appeal from such final decision.

The provisions of Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall so far as applicable, apply to all appeals under this Act from decisions of the Deputy Commissioner or of a Revenue Officer.

(1) Any landlord (other than the Government) whose land is situate in an area for which a record-of-right has been prepared and finally published and in which such record is maintained, may apply to the State Government, through the Deputy Commissioner of the district in which his land is situate, for the application of the procedure prescribed by the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) to the recovery of arrears of rent which he alleges are or, may become, due to him for lands in such area.

(2) The State Government may reject any such application, or may allow it subject to such terms and conditions as it may see fit to impose, and may at any time add to or vary any terms or conditions so imposed, or withdraw its allowance of the application, without in any of these cases, assigning any reason for its action.

(3) When any such application has been allowed, the landlord may make a requisition in writing, in the form prescribed, to the Certificate Officer for the recovery of any arrears of rent which he alleges are due to him from any tenant.

(4) Every such requisition shall be signed and verified by the landlord making it in the manner prescribed by Rule 1 in Schedule II to the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), as amendment for the time being by rules made under Section 39 thereof, and shall be chargeable with a fee of the amount which would be payable under the Court-fees Act, 1870 (7 of 1870) in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.

(5) On receipt of any such requisition, the Certificate-Officer may, in accordance with such rules as the State Government may prescribe in this behalf, and if he is satisfied that the arrear is due, sign a certificate in the prescribed form stating that the arrear is due, and shall include in the certificate the fee paid under sub-section (4), and shall cause the certificate to be filed in his office :

Provided that,-

(a) no certificate shall be signed for the recovery of arrears of rent of a tenancy regarding which a suit has been instituted in the Court of the Deputy Commissioner for the alteration of the rent payable by the tenant, or the determination of his status as a tenant, in respect of the period during which it is alleged in the requisition made under sub-section (3) that the arrears of rent sought to be recovered have accrued, and

(b) if, after the signing of a certificate, it is found that such a suit was instituted in the Court of the Deputy Commissioner before the certificate was signed, such certificate shall be cancelled.

(6) The person in whose favour any certificate is signed under sub-section (5) shall be deemed to be the certificate-holder for the amount mentioned in the certificate and the person against whom the certificate is signed shall be deemed to be the certificate-debtor for the said amount; and all proceedings taken by the certificate-officer for the recovery of such amount shall be taken at the instance of the first mentioned person, and at his cost and responsibility, and not otherwise.

(7) The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) with such restriction and modifications (if any) as may be prescribed, shall apply to the execution, and to all proceedings arising out of the execution, of certificates filed under sub-section (5).

(8) No landlord shall, during the pendency of any proceeding under this section, institute a suit for the recovery of any arrears of rent in respect of which he has made a requisition under sub-section (3); and, subject, to the provisions of Section 43 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), no tenant shall, after the signing of any certificate against him under sub-section (5) of this Section, institute a suit before, or make an application to the Deputy Commissioner for the alteration of the rent payable by him, or the determination of his status as a tenant, in respect of the period during which the arrears of rent for which such certificate was signed have accrued.

(9) The word "landlord" in this Section includes an entire body of landlords, and also one or more co-sharer landlords, who collects or collect his or their share or shares of the rent separately; and where the Certificate Officer signs a certificate on the requisition of one or more such co-sharer landlords, he shall at the same time issue to each of the remaining co-sharer landlords a copy of such certificate.

(10) Nothing in this Section shall apply to a 'Mundari khunt-kattidari' tenancy, notwithstanding that it constitutes, or is situate in an area described in sub-section (1)

The provisions of the Indian Limitation Act, 1908 (9 of 1908) shall, so far as they are not inconsistent with this Act, apply to all suits, appeals and applications under this Act.

All suits and applications instituted or made under this Act, for which no period of limitation is provided elsewhere in this Act, shall be commenced and made respectively within one year from the date of the accruing of the cause of action: Provided that there shall be no period of limitation for applications under Sections 28, 31 clauses (c) to (f) of Section 33-A 34, 50, 61, 75, 105 or 121.

Suits and applications for the delivery of leases or counterpart engagements, or for the determination of the rates or rent payable for lands held by a tenant, may be instituted and made, respectively, at any time during the tenancy.

Suits for the ejectment of an occupancy 'Raiyat' or a non-occupancy 'Raiyat' on any of the grounds mentioned in Section 22 or in clauses (b) and (c) of Section 41 shall be instituted within two years from the date of the misuse or breach complained of.

Suits and applications under Section 244, for the recovery of arrears of rent, shall be instituted within three years or where the State Government is the landlord, within ten years from the end of the agricultural year in which the arrear became due.

(1) Where a landlord has instituted a suit against a tenant or applied for a certificate under Section 240 against a 'Mundari khunt-kattidari' for the recovery of any rent of his tenancy, the landlord shall not institute another suit or apply for another such certificate against him for the recovery of any rent of that tenancy until after six months from the date of the institution or making of the previous suit or application.

(2) Nothing in sub-section (1) shall prohibit a fresh suit for rent when a former suit has been withdrawn with leave to sue again or when a claim has been rejected under Section 154, or when a case has been struck off under Section 155 or Section 169.

Suits for the recovery of money in the hands of an agent or for the delivery of accounts or papers by an agent, may be brought at any time during the agency, or within one year after the determination of the agency, of such agent; Provided that if the person having the right to sue has by fraud, been kept from knowledge of the receipt of any such money by the agent, or if any fraudulent account has been rendered by the agent the suit may be brought within one year from the time when the fraud first became known to such person; but no such suit shall in any case be brought at any time exceeding three years from the termination of the agency. (2) Nothing in sub-section (1) shall prohibit a fresh suit for rent when a former suit has been withdrawn with leave to sue again or when a claim has been rejected under Section 154, or when a case has been struck off under Section 155 or Section 169. 236. Limitation of suits against agents for money, accounts or papers - Suits for the recovery of money in the hands of an agent or for the delivery of accounts or papers by an agent, may be brought at any time during the agency, or within one year after the determination of the agency, of such agent; Provided that if the person having the right to sue has by fraud, been kept from knowledge of the receipt of any such money by the agent, or if any fraudulent account has been rendered by the agent the suit may be brought within one year from the time when the fraud first became known to such person; but no such suit shall in any case be brought at any time exceeding three years from the termination of the agency.

237. Limitation of applications for recovery of possession of holding - Applications for the recovery of possession of a holding, or any portion thereof from which an occupancy Raiyat has been unlawfully ejected must be instituted within three years from the date of such ejectment.

238. Limitation of suits or applications by village headmen for recovery of possession - Suits or applications for recovery of possession of his office or agricultural land by a [village headman] against a landlord or any person holding by virtue of any assignment from a landlord, must be instituted or made within three years from the date of dispossession.