192. [ Application of Code of Civil Procedure, 1908, to proceedings under Act. [This section was substituted for the original section 192 by section 111 of the Madras Estates Land Amendment) Act, 1934 (Madras Act VIII of 1934).]
(1)The State Government may from to time make rules consistent with this Act declaring that any provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), shall not apply to suits, applications, appeals, or other proceedings under this Act in any Civil or Revenue Court or to any specified classes of such suits, applications, appeals or proceedings [or to applications or other proceedings before the Tribunal constituted under section 185-A] or shall apply to them subject to modifications and additions specified in the rules.(2)Subject to any rules so made and subject also to the other provisions of this Act and the following modifications and additions, the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), shall apply to all such suits, applications, appeals and proceedings so far as they are not inconsistent therewith -(a)(i)The plaint shall specify, in addition to the particulars mentioned in rule 1 of Order VII of the said Code, the name of the village in which the land to which the suit relates is situated, the designation, if any, of the land and a description of the land sufficient for its identification;(ii)Where the suit is for the recovery of rent due on land situated within an area in which a record-of-rights has been prepared and published, the plaint shall further contain a statement of the rent of the holding according to the record-of-rights:Provided that if the Court sees fit at any time to require, it, a copy of, or extract from, the record-of-rights relating to the holding shall be produced by the plaintiff, or shall, if necessary, on the requisition of the Court, be supplied by the Collector on payment by the plaintiff or the defendant as the Court may direct of such fee as the State Government may by rule under this Act prescribe;(iii)If the suit is for arrears of rent, the plaint shall contain a statement of account showing the instalments payable for the period to which the suit relates, the amount, if any, received, and the amount claimed to be due.(b)No set-off whether legal or equitable shall be pleaded by way of defence to any suit under this Act.(c)When any rent roll or collection or measurement papers have been produced by a landholder in any Court, in a suit, application or proceeding pending therein, copies of, or extracts from, such documents which have been certified by a duly authorized officer of such Court to be true copies or extracts, may be admitted in evidence in proof of the originals in any other suit, application or proceeding instituted in the same or another Court unless the Court in which such copies or extracts are produced sees fit to require the production of the originals.(d)To the properties not liable to attachment or sale under section 60 of the said Code shall be added "manure stocked by an agriculturist".(e)Standing timber, growing crops or other products of the earth may be attached and sold in execution of a decree in the same manner as movable property, and if the property attached is growing crops or other products of the earth, the judgement-debtor and the decree-holder shall have the same rights in respect of the tending, gathering, and storing thereof as the cultivator and the distrainer, respectively, would have had under section 83 if such crops or products had been distrained for an arrear of rent.(3)In any suit, application or proceeding under this Act to recover rent or to contest distraint or the right of sale of a holding, if a party admits that rent as claimed or part thereof is due but pleads that it is due not to the plaintiff or applicant or the defendant or respondent, as the case may be, but to a third person, or pleads that the provisions of this Act have not been complied with, the Court shall, except for special reasons to be recorded in writing, refuse to take cognizance of the plea unless the party aforesaid pays into Court the amount admitted to be due or such reasonable portion of the amount as the Court may direct.(4)Where such a payment is made and the plea is that the rent to the extent admitted is not due to the plaintiff or applicant or the defendant or respondent, as the case may be, but to a third person, the Court shall forthwith cause notice of the payment to be served on the third person.Unless the third person, within three months from the receipt of the notice, institutes a suit before the Civil Court against the plaintiff or applicant or the defendant or respondent and therein obtains an order restraining payment, the amount in deposit shall be paid out to the plaintiff or applicant or the defendant or respondent, as the case may be, on his application.Nothing in this sub-section shall affect the right of any person to recover by suit in a Civil Court from the plaintiff or applicant or the defendant or respondent, as the case may be, any payment made to him under it.(5)In any suit, application or proceeding under this Act to recover rent or to contest distraint or the right of sale of a holding, if a party admits that rent is due from him to the plaintiff or applicant or the defendant or respondent, as the case may be, but pleads that the amount claimed is in excess of the amount due, the Court shall, except for special reasons to be recorded in writing, refuse to take cognizance of the plea unless the party aforesaid pays into Court the amount so admitted to be due or such reasonable portion of the amount as the Court may direct.(6)If any suit or application between landholder and ryot as such is adjusted wholly or in part by any lawful agreement or compromise, or if the defendant or respondent satisfies the plaintiff or applicant in respect to the whole or any part of the matter of the suit or application, the Court may pass a decree or order in accordance with such agreement, compromise or satisfaction, so far as it relates to the suit or application, but may refuse to do so if, for reasons to be recorded, the Court considers such agreement, compromise or satisfaction, to be unfair and inequitable.(7)A decree or order passed in accordance with any lawful agreement, compromise or satisfaction shall be final so far as it relates to so much of the subject-matter of the suit or application as is dealt with by such agreement, compromise or satisfaction.]
