Gujarat High Court Civil Manual (subordinate court practice), 1960
Any party not being a judgment-debtor against whom an order is made under rule (13B), rule (13C) or rule (13E) may institute a suit to establish the right which he claims to the present possession of the property; but, subject to the result of such suit (if any), the order shall be conclusive. the Collector; and to the Assistant Deputy Collector or to the Collector against any order passed under paragraph 10 (a) of the Third Schedule to the said Code by an officer subordinate to the Assistant Deputy Collector or by the Assistant Deputy Collector, respectively; subject to the provision in this sub-rule, no appeal shall lie against any order, including an order in an appeal made under this sub-rule, passed by an officer subordinate to the Collector under the provisions of the Third Schedule to the said Code or of these rules. (Vide Government Notification, Home Department, No. 5782/4, dated the 20th November 1942, at page 477, of the Bombay Government Gazette, 1942, Part IV-A.) APPENDIX F. (Chapter XXVIII, Note (ii) to paragraph 546, page 235) Forms of Security Bonds prescribed for Nazirs, Clerks and Bailiffs. A FORM OF PERSONAL SECURITY BOND FOR NAZIRS, CLERKS AND BAILIFFS OF DISTRICTS AND SUBORDINATE COURTS. KNOW all men by these presents that I, A. B. of _____ am held and firmly bound unto the Governor of Bombay (hereinafter referred to as "the Governor" which expression shall, unless excluded by or repugnant to the context, include his successors in office and assigns) in the sum of rupees _____ (Rs. _____ ) to be paid to the Governor for which payment, well and truly to be made, I bind myself, my heirs, executors, administrators and legal representatives by these presents. WHEREAS the above bounden A. B. was on the _____ day of 19_____ appointed to and now holds the office of _____ in the office of _____. And whereas the said A. B. _____, by virtue of such office is bound to collect _____ (here describe the nature of the Nazir's, Clerk's, Bailiff's duties) and to keep and render true and faithful accounts of his dealing with all property and money which may come into his hands or possession or under his control, such accounts to be kept in the form and manner that may, from time to time be prescribed by duly constituted authority, and also to prepare and submit such returns, accounts and other documents as may from time to time be required of him. And whereas the said A. B. _____ has, in pursuance of paragraph 546 of Chapter XXVIII at page 233 of the Civil Manual, 1960, Volume 1, been called upon to execute a bond with two sureties in favour of the Governor in the abovementioned sum of rupees _____ (Rs. _____ ) for the due and faithful performance by the said A. B. of the duties of his office, and of any other office requiring security to which he may be appointed at any time and of other duties which may be required of him while holding any such office as aforesaid and for the purpose of securing and indemnifying the Governor against all loss, injury, damage, costs or expenses which the Governor may, in any way, suffer, sustain or pay, by reason of the misconduct, neglect, oversight or any other act of the said A. B., or of any person or persons acting under him or for whom he may be responsible. Now the condition of the above written bond is such that if the said A. B. has whilst he has held the said office of _____ as aforesaid, always duly performed and fulfilled the duties of his said office and if he shall whilst he shall hold the said office or any other office requiring security to which he may be appointed, or in which he may act, always duly perform and fulfil all and every duties thereof respectively and other duties which may from time to time be required of him while holding any such office as aforesaid and shall duly pay into the Government Treasury at all such moneys as are payable to Government and shall come into his possession or control by reason of the said office and shall duly account for and deliver up all moneys, papers and other property which shall come into his possession or control by reason of the said office and if the said A. B., his heirs, executors or administrators shall pay or cause to be paid unto the Governor the amount of any loss or defalcation in the accounts of the said within 24 hours after the amount of such loss or defalcation, shall have been demanded from the said A. B. by the such demand to be in writing and left at the office or last known place of residence of the said A. B. and shall also at all times indemnify and save harmless the Governor from all and every loss, injury, damage, costs or expenses which has been or shall or may at any times or time hereafter during the service or employment of the said A. B. in such office as aforesaid, or any such other offices aforesaid, be sustained, incurred, suffered or paid by the Governor by reason of any act, embezzlement, defalcation, mismanagement, neglect, failure, misconduct, default, disobedience, omission or insolvency of the said A. B. or of any person or persons acting under him or for whom he may be responsible, then this obligation shall be void and of no effect; otherwise the same shall be and remain in full force. And it is hereby further agreed that in the event of the death of the said A. B. or on the final termination of the service of the said A. B. whether as such as aforesaid, or otherwise or in the event of the said A. B. ceasing to hold any office requiring security, this bond shall remain with the for calendar months for recovering any loss, injury, damage, costs or expenses that may have been sustained, incurred or paid by the Governor owing to the act, neglect or default of the said A. B. or any such other person or persons as aforesaid and which may not have been discovered until after his death or the termination of his said service or his ceasing to hold any office for which the security was required: Provided always that without prejudice to any other rights or remedies for recovering the loss or damage as aforesaid it shall be open to the Governor to recover the amount payable under this bond as an arrear of land revenue. IN WITNESS whereof the said A. B. has hereunto set his hand this day of 19 Signed and delivered by the above named A. B. in the presence of— 1. 2. (Signature) been demanded from the said A. B. .............. by the .............. such demand to be in writing and left at the office or last known place of residence of the said A. B. ................... and shall also at all times indemnify and save harmless the Governor from all and every loss, injury, damage, costs or expenses which has been or shall or may at any times or time hereafter during the service or employment of the said A. B. ..................... in such office as aforesaid, or in any such other offices aforesaid, be sustained, incurred, suffered or paid by the Governor by reason of any act, embezzlement, defalcation, mismanagement, neglect, failure, misconduct, default, disobedience, omission or insolvency of the said A. B. .............. or of any person or persons acting under him or for whom he may be responsible, then this obligation shall be void and of no effect; otherwise the same shall be and remain in full force. Provided always and it is hereby declared and agreed that the said *.............. for rupees ....... (Rs. ..............) so delivered and deposited as aforesaid, or such other securities mentioned in Financial Rule 40 (2) (a) of Financial Publication No. 1 of the same amount as the said †........... for the time being may consent, from time to time, to accept and receive in lieu of or exchange for the same or which the †.............. for the time being may require the said A. B. ........... to deposit as additional security to make up and the amount of the original security under this bond and the interest thereof shall be and shall remain with the † ......................... for the time being as such security as aforesaid, with full power to the † .............. for the time being, as occasion shall require to sell and dispose of the said *.......... for rupees ........................... (Rs. ..............) or a sufficient portion thereof and to apply the proceeds thereof with the interest already accrued therein and towards the indemnity as aforesaid of the Governor or otherwise as aforesaid, but that nevertheless the interest accruing on the said *............ may in the meantime be paid over to the said A. B. ........................... as and when the same shall be realised if the † .......................... for the time being, shall think fit to do so. And it is hereby further agreed that in the event of the death of the said A. B. ............... or on the final termination of the service of the said A. B. .................. whether as such .............. as aforesaid, or otherwise or in the event of the said A. B. ............... ceasing to hold any office requiring security the said * .............. for rupees (Rs. ) or such other securities as may have been substituted therefor or added thereto and this bond shall remain with the † .............. for the time being for .............. months for recovering any loss, injury, damage, costs, or expenses that may have been sustained, incurred or paid by the Governor owing to the act, neglect or default of the said A. B. .............. or any such other person or persons as aforesaid and which may not have been discovered until after his death or the termination of his said service or his ceasing to hold any office for which the security was required. Provided always that the return at any time of the said† or of any securities substituted therefor or added thereto as aforesaid shall not be deemed to affect the right of the Governor to take proceedings upon or under this bond against the said A. B. or against his heirs, executors, administrators or legal representatives after his death, in case any breach of the conditions of this bond shall be discovered after the return of the said† or the securities substituted therefor or added thereto as aforesaid and the responsibility of the said A. B. shall at all times continue, and the Governor shall be fully indemnified against all such loss or damage as aforesaid at any time. Provided further that nothing herein contained nor the security hereby given shall be deemed to limit the liability of the said A. B. in respect of the matters aforesaid, to the forfeiture of the sum for which this bond is executed and that should the sum realized by sale, under the power aforesaid, of the said† or the securities substituted therefor or added thereto be insufficient to indemnify the Governor in full for any loss or damage sustained by him in respect of the matters aforesaid, the said A. B. shall pay to the Governor on demand such further sum as shall be deemed by the* for the time being to be necessary in addition to the sum realized by sale as aforesaid to cover such loss or damage as aforesaid and that without prejudice to any other rights or remedies for recovering the loss or damage as aforesaid, it shall be open to the Governor to recover such further sum payable as aforesaid under this bond as an arrear of land revenue. IN WITNESS whereof the said A. B. has hereunto set his hand this day of 19 . Signed and delivered by the abovenamed A. B. in the presence of 1. (Signature). 2. (14) Nanded— 1 Makar Sankrant. 1 Id-e-Milad. 1 Birth day of Guru Govindsing of Nanded. 1 Jatra Malegaon. 4 Additional for Diwali. (15) Nasik— 1 Pola. 2 Additional for Diwali. 5 Additional for Christmas. (16) Osmanabad— 1 Makar (Til) Sankrant. 1 Urus Hazrat Khwaja Shamsuddin Gazi. 1 Jatra of Tulzapur. 4 Additional for Diwali. 1 Mahalaxmi. The Subordinate Court at Tulzapur shall be closed on account of Khandoba Jatra of Naldurg (Poush Shud 15) in lieu of Urus Hazrat Khwaja Shamsuddin Gazi. The Subordinate Court at Omerga shall be closed on account of Mahadeo Jatra Day (Chaitra Shud 12) and Urus Hazrat Shantu Sayed Saheb in lieu of Urus Hazrat Khwaja Shamsuddin Gazi and Jatra of Tulzapur, respectively. The Subordinate Court at Latur shall be closed on account of 3rd day of Maha Shivratri (Phalgun Sud 1) and on Pola Day (Shrevan Vad 30) in lieu of Urus Hazrat Khwaja Shamsuddin Gazi and Jatra of Tulzapur, respectively. The Subordinate Court at Udgir shall be closed for a day on account of Pola day (Shravan Vad 30), Elamas (Margashirsha Vad 30) and two days on account of Jatra Havagi Swami (Poush Vad 1 and 2) in lieu of Urus Hazrat Khwaja Shamsuddin Gazi, Jatra of Tulzapur, Makar (Til) Sankrant and the last day of Diwali, i.e. Akan Tij, respectively. The Subordinate Court at Nilanga shall be closed on account of Urus Darga Peer Pasha Saheb (24th Rabinssani of Hijri Year) and Jatra Mallanppa Maharaj (Kartik Vad 14) in lieu of Urus Hazrat Khwaja Shamsuddin Gazi and Jatra of Tulzapur, respectively. The Subordinate Court at Ansa shall be closed on Pola day (Shravan Vad 30) in lieu of Jatra of Tulzapur. (17) Parbhani— 1 Makar Sankrant. 1 Urus Dargah Sharif. 1 Pola. 1 Id-e-Milad. 1 Sarva Pitru Amavasya. 2 Additional for Diwali. (1 each for Kali Chandas and Bhaubij). 1 Champa Shasthi. Note.— 1. Effective Criminal Case [which it is said receiving there.— (1) which is said to form the ordinances of the estate and (2) otherwise, case where any such ordinance is given. 2. By different usual sworn those ordinances as given and to them and who knows from the ordinances of these ordinances and those in actual practice. 3. In report on the Figures in the public all other as the evidence provided in this note the statute a judgment by in the evidence appearing April 2 of it in the different see also [after per infra, page 1].