Section 15 in The Bengal Revenue-Free Lands (Non-Badshahi Grants) Regulation, 1793
15. Suits by or against Government.
- The Collectors of the revenue are to defend all suits that may be instituted against Government, by any individual claiming a right to hold lands exempt from the payment of public revenue; and such suits, and the suits which the Board of Revenue may direct the Collector to institute, are to be defended and prosecuted by the vakil of Government under the instructions of the Collector;and in the event of Government being cast, either wholly or in part, or if the Collector shall be dissatisfied with the decree in any respect, all the rules contained in section 30, [Regulation XIV, 1793] [Bengal Regulation XIV of 1793 repealed by Act XVI of 1874 but this reference is saved by the proviso to that Act.] and the other sections in that Regulation respecting decisions given against a Collector in any Zila Court, in suits instituted against him by any proprietor or fanner of land, for sums of money demanded or actually received by him as arrears of revenue, are to be held applicable to such decree; with this difference, that the suit, from the commencement of it, is to be defended or carried on at the expense of Government, and in the event of the Board of Revenue not deeming it proper to order an appeal against the decision of the Zila Court to be preferred to the [State] [The Bengal Permanent Settlement Regulation, 1793.] Court of Appeal, or against the decision of the [State] [The Bengal Permanent Settlement Regulation, 1793.] Court to the War Diwani Adalat, in the event of their ordering the cause to be appealed to the [State] [The Bengal Permanent Settlement Regulation, 1793.] Court, and of its being given against them therein, they are to report their reasons, in both cases, for not preferring the appeal, to the [State] [The Bengal Permanent Settlement Regulation, 1793.] Government, who will direct the cause to be appealed, or not, in either case as may appear to [it] [Word Substituted for the word 'him' by the Adaptation of Laws Order, 1950.] proper.
