Section 23 in The Bengal Land-Revenue Settlement Regulation, 1822
23. Collector's cutcherry held a Civil Court.
- First. - It is hereby declared and enacted that, in so far as concerns the summoning and examination of witnesses, penalties for false testimony, for resistance of process, contempt and all other similar matters connected with cases under cognizance before the Collectors of land-revenue, or other officers, by virtue of the powers vested in them by this Regulation or any [other law] [Substituted by Act 1 of 1903, Schedule II for 'other Regulation.'] whereby Collectors are vested with judicial powers, their cutcherry or office for the time being shall be deemed and held to be a Court of Civil Judicature.Suits to contest Collector's decisions held to be appeals from summary awards. - Second. - Provided also that the regular suits which may be brought to contest decisions passed by Collector under the powers vested in them by Sections 11, 12, 14, 15, 16, 17, 18, 19, and 20 shall be of the nature of an appeal to Court in its regular jurisdiction from a summary award. It shall not therefore be necessary for the Collector or other officer of Government to be a party in the action.Collectors authorized to execute their awards. - Third. - Collectors of the land-revenue are hereby empowered to execute all awards made by them under the rules of this Regulation, in cases wherein a specific sum of money shall be adjudged to be due, or any costs or damages be awarded; the Collector decreeing the same shall proceed to levy the amount for the party in whose favour it may be adjudged by the process in use for the recovery of arrears of the Government revenue:Provided, however, that he shall not sell any lands, houses or other real property in satisfaction of any judgement passed in favour of any individual on a summary inquiry.In cases wherein possession of lands, houses, water-course or the like may be adjudged, it may and shall be lawful for the Collector making the award to deliver over possession in the same manner and with the same powers in regard to all contempt, resistance and the like as are or may be lawfully exercised by the Courts in giving possession to an auction-purchaser; and the Zila [* * *] [The words 'or City' Repealed by Act 16 of 1874.] adalat shall support the [Collectors] [For the exercise of the functions of Collectors by other officers, see Section 35.] in the exercise of the above power, and shall give effect to any orders passed by them in pursuance of it in the like manner as if the same had been passed by themselves.[Collectors] [For the exercise of the functions of Collectors by other officers, see Section 35.] are further hereby employed to place one or more peons, mirdahas, sawars, or the like to aid in the maintenance of possession for the party to whom it may be awarded, in case of his deeming such a measure necessary or expedient.
