Section 5 in Dekkhan and Khandesh (Puna, Ahmednagar and Khandesh Districts
5. Conduct of suits against first class persons.
- Suits against the persons belonging to the first of the classes comprised in the Agent's list, being individuals of the very first distinction and influence under the Peshwa's Government on account of their birth, their political importance, or the religious estimation in which they were held, shall be conducted and decided by the Agent, reference being had in the most ample degree to the privileges of the defendant by former usage and custom enjoyed, and to other peculiar characteristics of the case conformable to like usage and custom;Decrees not to be executed without reference to [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government Appealand no decree against any such defendant shall be enforced until the suit and all proceedings thereon shall have been referred to the [[State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government] to [which] [The word 'which' was substituted for the words 'whom' and 'who', by the Adaptation of Indian Laws Order in Council.] also the plaintiff may appeal], [which] [The word 'which' was substituted for the words 'whom' and 'who', by the Adaptation of Indian Laws Order in Council.], as a special superior Court for the adjustment of such suits, will pass such order thereon as [it] [The word 'it' was substituted for the word 'he' by the Adaptation of Indian Laws Order in Council.] may deem just and equitable, an appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] being open to either party.Conduct of suit against second class personsSecond. - Suits against the persons belonging to the second of the classes comprised in the Agent's list, being individuals not equal in consideration to those above adverted to, but of high rank and importance under the Peshwa's Government, shall be conducted and tried by the Agents, reference being had in a great degree and in conformity to former usage and custom, to the rank of the defendant, his situation and privileges, under the Peshwa's Government, as affecting his creditor's means of compelling payment during that period, his present means of discharging the debt, and other points material to the real equity of the plaintiffs claim and the defendant's liability.Appeal to [state] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] GovernmentAt appeal against the Agent's decision to the superior Court of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government], as above constituted, shall be open to either party :LimitationThe petition of appeal shall be presented either to the Agent or [to the [State] [The words 'to the Provincial Government' were substituted for the words 'to Government' by the Adaptation of Indian Laws Order in Council.] Government] within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed; the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit and a final appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] shall be open to either party.Conduct of suits against third class personsThird. - Suits against the persons belonging to the third of the classes comprised in the Agent's list, being individuals, inferior in rank to those of the classes previously described, but still equitably entitled, on account of the privileges hitherto enjoyed by them, to a certain special degree of consideration shall be conducted and tried by the Agent, in like conformity to usage and custom, with some relaxation of the rules of the general Regulations and some portion of attention to the points above specified for regulating his decisions in suits against individuals of the two superior classes.Appeal to Sadr AdalatAn appeal to the Sadr Diwani Adalat against the Agent's decision shall be open to earlier party;LimitationThe petition of appeal shall be presented, either to the Agent or to the Sadr Diwani Adalat, within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed : the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit; with which view the instructions of the Agent, with regard to the defendant, shall be communicated [by the [State] [The words 'by the Provincial Government' were substituted for the words 'by Government' by the Adaptation of Indian Laws Order in Council.] Government] to the Sadr Diwani Adalat; and a final appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] shall be open to either party [* * *] [The words 'under the rules contained in the General Regulations with reference to such appeals from the decrees of the Sadr Diwani Adalat' were repealed by the Repealing Act. 1876 (12 of 1876).]
