Section 23 in The Bengal Land-Revenue Settlement Regulation, 1822
23. First. - Collector's cutcherry held a Civil Court.
- It is hereby declared and enacted that, in so far as concerns the summoning and examination of witnesses, the penalties for false testimony, for resistance of process, contempts and all other similar matters connected with cases under cognizance before the Collectors of land-revenue, or other officer, by virtue of the powers vested in them by this Regulation or any [other law] [Words substituted for the words 'other Regulation' by Act 1 of 1903.] 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.Second. - Suits to contest Collector's decisions held to be appeals from summary awards. - Provided also that the regular suits which may be brought to contest decisions passed by Collectors 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.Third. - Collectors authorised to execute their awards. - 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 judgment passed in favour of any individual on a summary inquiry] [Words in italics are obsolete now.].In cases wherein possession of lands, house, water-courses 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 contempts, resistance and the like as are or may be lawfully exercised by the Court in giving possession to an auction-purchaser; and the Zila [* * *] [Words 'or city' omitted by Act 16 of 1874.] Adalats shall support the Collectors 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 are further hereby empowered 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.
