Section 3 in The Bengal Indigo Contracts Regulation, 1823
3. Such person how to proceed when he has just-reason to believe that raiyat will dispose of produce otherwise than stipulated.
- First.-If any person, who may have made advances on conditions of the nature above described, shall have just reason to believe that an individual under engagement with him is evading or is about to evade the execution of his contract, by making away with and disposing of the produce otherwise than as stipulated, or that he has engaged secretly or openly to supply the same to another, it shall be competent to such person to present a petition of complaint to the Zila [* *] ['Or City' repealed by Act 16 of 1874.] Judge [* *] ['Or to a Registrar exercising the powers of Joint Magistrate,' repealed by Act 16 of 1874.] within whose local jurisdiction the land stipulated to be cultivated with the indigo-plant may be situated, filing with the same the original deed of engagement by which the produce may be assigned and engaged to be delivered to himself or at his factory, and certifying in his petition that such deed was voluntarily and bona fide executed by the individual complained against.Summons for attendance of defendant.-Second.-On such petition and original deed of engagement being filed, a summons, or talab chitthi, shall be immediately issued through the nazir in the usual Form, requiring the individual named in the petition to attend and answer to the complaint, either in person or by an authorized agent within such specified period as may in each instance appear reasonable, and which period shall in no case exceed twenty days.Summons how served.-Third-The officer entrusted with the execution of the process shall also be instructed to affix a copy of the summons in the village cutcherry or other place of public resort, and to erect a bamboo on the specific parcel of ground on account of which the claim have been preferred, and which it shall be the duty of the plaintiff or his agent to point out.And public notice of claim how given.-By these means sufficient public notice of the claim will be given to enable person desirous of contesting the plaintiff's right, or of establishing a prior right to the produce of the land, to appear either in person or by an authorized agent before the Court for that purpose, and the failure so to attend, before the summary decision be passed, will be held to bar the claim of any third party founded on any contract for the produce of the land in question, unless it be established by a regular suit.On non-appearance of defendant or other claimants evidence to be taken, and case decided ex parte.-Fourth.-If the officer serving the process shall not be able to execute it on the person of the defendant, he shall nevertheless publish the claim in the manner above directed, and if the defendant shall not appear to answer to the complaint within the period specified in the summons, and no other claim be preferred in bar of that of the plaintiff, the Judge [* *] ['Or other officer' repealed by Act 12 of 1891.] shall, after taking evidence to establish the deed and other allegations of the plaintiff, proceed to the adjudication of the claim in the same manner as if the defendant had personally appeared.In what cases award shall be passed, adjudging plaintiff's right to produce.-Fifth.-If the defendant or his authorized agent should attend within the period specified and should deny the execution of the deed of engagement filed by the complainant, proof of the same shall be taken; and if its voluntary execution be established to the satisfaction of the Court [* * * *] ['Or other tribunal trying the case' repealed by Act 12 of 1891.] and no preferable claim be established by a third party, a summary award shall be made, adjudging to the plaintiff the right of receiving the crops according to the terms of the agreement.The same principle shall be applied if the engagement be admitted and no satisfactory reason be shown why the defendant should not be held to the performance of his contract.If claim be not established, plaintiff to pay costs and compensation to defendant.-Sixth- If it be proved that the engagement was not duly and voluntarily executed by the defendant, or if it should appear that the proceeding is otherwise litigious and oppressive, and the claim unfounded, or that the plaintiff had no sufficient cause to warrant his application to the Court, the complaint shall be dismissed, and the plaintiff shall be made liable to the payment of costs and such reasonable sum in addition as may seem to the Judge [* * * *] ['Or other tribunal trying the case' repealed by Act 12 of 1891.] a proper compensation to the defendant for any trouble and annoyance to which he may have been subjected.Notice to third parties in what cases and their claims how investigated.-Seventh.-If it should appear in the course of the inquiry that the defendant is under engagement for the same land to a third party, notice shall immediately be issued for that party to appear and plead, either in person or by vakil; and if such person or any third party shall, previously to the decision of the case, come forward and produce a similar deed of engagement,' stipulating for the produce of the same portion of land, the Judge [* * * *] ['Or other tribunal trying the case' repealed by Act 12 of 1891.] shall, after such summary investigation as may be necessary determine whether either of the parties have any just claim to the produce of the land, and, if so, which of them may have the prior and better claim; a preference will of course be given to engagements duly registered [* * * *] ['Under the provisions of Regulation 20, 1812' repealed by Act 12 of 1876.].The result of such investigation shall be recorded, and a decree passed adjudging the question of right between the parties.Defendant not to be subjected to unnecessary detention.-Eighth.-No defendant who may attend under the process described in this section shall be confined in jail, or be in any manner detained longer than may suffice to take his answer to the claim and to obtain from him such further explanations as the nature of the answer may suggest.In what cases order may issue to deliver plant to a party, before summary inquiry completed.-Ninth.-If pending the summary inquiry in the manner above directed, it shall appear that the plant on the ground is in a state fit to be cut, and will be injured or destroyed if not cut, it shall in such case be competent to the Judge [* * * *] ['Or other tribunal trying the case' repealed by Act 12 of 1891.] to pass an [order] [As to security to be given by a person desiring to remove indigo plant, ordered to be delivered to him under clause (9) of 3, see Act 10 of 1836, Section 2.] for the delivery of the plant to either of the parties provided that the said party consents and engages to pay to the other claimant (if the summary award should be ultimately in favour of the latter) a specific pecuniary compensation;the amount of such compensation shall be fixed by the Judge [* *] ['Or other tribunal trying the case' repealed by Act 12 of 1891.] in communication with the parties, and shall be regulated with reference to the estimated produce of the ground, and to the probable value of such produce when manufactured; and the amount, when so fixed, shall be carefully recorded on the proceedings.
