The Mamlatdar’s Courts Act, 1906

Preamble

BOMBAY ACT No. II OF 1906¹

[THE MAMLATDAR'S COURTS ACT, 1906.]²

[The assent of the Governor General of India to this Act was published by the Governor of Bombay on the 29th October, 1906.]

An Act to consolidate and amend the law relating to the powers and procedure of Mamlatdar's Courts.

WHEREAS, it is expedient to consolidate and amend the law relating to the powers and procedure of Mamlatdar's Courts; It is hereby enacted as follows :-

Sections

Type to filter. 27 sections.

1. 1Short title. Commencement in rest of State
2. 2Repeal of Bom. Act III 1876
3. 3Interpretation
4. 4Power to appoint Joint Mamlatdar. Power of Mamlatdar to transfer suits to the Joint Mamlatdar. Delegation of powers to Commissioner
5. 5Powers of Mamlatdar's Courts. Power to issue injunction. Suits to be filed within six months. Cause of action
6. 6Power of Collector to transfer suits
7. 7Suits commenced by plaint. Contents of plaint
8. 8Informal petitions to be treated as plaints
9. 9Examination of Plaintiff on oath
10. 10Plaint to be subscribed and verified
11. 11Endorsement by Mamlatdar. Procedure where Plaintiff can not write
12. 12Rejection of plaint
13. 13Return of plaint
14. 14Procedure where plaint admissible
15. 15Attendance of witnesses
16. 16Where plaintiff makes default, plaint to be rejected with costs. Where defendant does not appear, case to be heard ex-parte. But case may be re-heard on sufficient cause being shown
17. 17When proceedings may be adjourned
18. 18Minor may be a party. Power to add parties. Procedure in case of death of party
19. 19Points to be decided by Mamlatdar at hearing. Power of Mamlatdar to examine other witnesses and inspect property in dispute. Record of proceedings by Mamlatdar. Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant
20. 20Mamlatdar's order to be endorsed on plaint and read out in open Court
21. 21Mamlatdar's decision how executed. Proviso as to growing crops. Mode of serving injunction. Recovery of costs awarded. Disobedience to an injunction how punishable
22. 22Possession to be given without prejudice to rights of parties
23. 23Bar of appeal. Collector's power to revise Mamlatdar's proceedings. Delegation to Collector's powers. Collector deemed to be a Court
24. 24Omitted
25. 25Punishment for verification of false plaint
26. 26Bar of certain suits
27. 27Repeals and savings

Schedules

This Act has 4 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

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