1 ( 67 )
2 the claim is tenable, the suit is at once filed and numbered; but, on ‘the
3 contrary, should the claim appear to the Judge to be vexatious or unfound-
4 ed, he refuses ‘to grant a writ, until the plaintiff has deposited a sum’
5 sufficient to cover the probable amount of the costs of the suit (including
6 the fee,) or until he gives good and substantial security for the same.
7 24, The plaintiff is permitted the option of undergoing the examina-
8 tion or of making the deposit. :
9 25. Should the Judge refuse to file the suit, he must endorse oe
10 ‘ reasons for so doing, on the back of the rejected-plaint.
11 26. The suitor with his plaint is obliged to state the number - of
12 siics aeeROeR Gh his witnesses and the nature of his -documentary»
13 Butte pleading, evi: evidence, and the defendant on being summoned
14 ie is obliged to do the same in his Answer. The Reply
15 and Rejoinder are then filed, when the Judge. further questions both.
16 parties, and then proceeds to receive and record the evidence on .both
17 sides. The Judge is authorized to call for all such witnesses and docu-:
18 ments in the course of the inquiry, as he may deem necessary to a right
19 understanding of the matter at issue, but should additional evidence
20 be called for by either plaintiff or defendant during the progress of the
21 suit, the Judge does not comply with the requisition, until he has
22 ascertained by” a vivd voce examination that-their attendance is abso-~
23 lutely necessary. Should the inquiry be intricate or connected with:
24 landed property, the Amil, Mooneiff, or Superintendent, may at his
25 option convene a Punchayet, which has under such circumstances the
26 power to adopt the same measures as the convening authority, with a:
27 view to arriving at an equitable decision. Upon the completion of the
28 Punchayet’s Mahazur, the Judge draws up a decree, in which he recapi~
29 tulates concisely the original statements, the evidence on both sides,
30 documentary and oral, the opinion of the Punchayet (if one was con-
31 vened,) his reasons for adopting or differing from the same, and lastly,
32 his own opinion, or decision, with the arguments upon which it is based,
33 The opinion of the Mufftee or Pundit of the Court is also mentioned,
34 should the Judge have considered it advisable to call for it in the course
35 of the inquiry.
36 _ 27. Should the losing’ party in a suit be dispel to file an appeal
37 in the next Superior Court, the under-mentioried
38 conditions must be complied with. He must, within
39 thirty days from the date on which he has had the decree of the Lowew
40 System of Appeals,