'REPORT ON THE ADMINISTRATION OF THE BOMBAY PRESIDENCY FOR THE YEAR, 1910-1911' [‎241v] (66/150)

Cbap. HI. 30
PROTECTION.
BOMBAY ADMINISTRATION REPORT.
7. Civil Justice.
[ 1910 .
isu.
Number and value
of suits.
- ^ ^ ^ ^ ^ ^ ^ ^ Ovit
1. The total number of civil cases decided during the year was 293,95! a .
-10 S, 1:84 in the previous year, showing a decrease of r ' d-'SS- T e decrease occurs only ; n
Miscellaneous Original and Appeal Cases and the number of regular suits and appeals sh^”
a large increase. Of the total number of decided cases 47-8 per cent, were regular suits *
per cent, miscellaneous cases, and 2^2 percent, appeals, against 45-3 52-7 and 2 per c en 5 t 0
respectively in the preceding year. The number of suits instituted in all Courts was 169,0“,
against 142.354 in the year 1909, showing an increase 0126,653. Suits for money show a
decrease of 2,906 compared with an increase of 5,130 m the previous year. Of other
the most marked increase appears in mortgage suits, the number of which rose owing to the
operation of the Limitation Act from 12,921 to 41,881 or by no less than 224 per cent. The
two years’ period of grace allowed to mortgagees under this Act expired in August 1910. The
percentage of suits for money or moveable property fell from 72*5 to 59-3, and that of suits
relating to immoveable property (including mortgages and pre-emption suits) rose from 17-5 t 0
32. The value of suits rose from Rs. ^ s * 7 ) 4 i ) oi j i 9 ^ 1 There was
an increase in the number of all suits except those not exceeding Rs. 10 in value and those
the value of which could not be estimated in money. In District Courts there was a decrease
in the value of suits instituted from Rs. 29,56,282 to Rs. 13,46,202.. The value of suits in the
High Court increased from Rs. 1,22,24,651 to Rs. 2,65,57,898. Miscellaneous cases numbered
19,119 against 22,097 in the previous year.
05a l of suits 2 - There were 211,889 suits for disposal before all Courts, out . of which 140,398 were
,SP ° Sa ° ^ ’ disposed of, leaving a balance of 7 M 9 1 pending suits. The corresponding figures for last year
were 179,787, 138,267 and 41,520. Suits disposed of without trial formed about 11-2 per cent,
of the whole number, those disposed of without contest 49-8 per cent., those after contest 36'2 per
cent., and those after reference to arbitration 27 per cent. Of suits under the two last named
heads judgment was given for the plaintiff in whole or in part in 85-6 per cent., and for the
defendant in 14-4 per cent. The average duration of contested suits, rose from 15710 iyy
days; that of uncontested suits w^as 72*4 days compared with 72-6 in the year 1909. In
District Courts the average duration was 285 days for contested and 138 days for
uncontested suits against 269 and 128 respectively in the preceding year. In the Mofussil
Subordinate Courts the average duration rose from 170 to 196 days in contested and fell from
85 to 84 days in uncontested suits. In the Superior Courts the average duration was 344
for contested and 325 for uncontested suits, against 421 and 275 respectively in the year
preceding. In comparative litigiousness Bombay still heads the list of districts with one
suit to every 34 persons. Poona is second wdth 1 to 70, Nasik third with 1 to 83 and Thar
and Parkar last with 1 to 926.
Appeals, 3 - The number of appeals presented fell from 6,269 to 6,057, while the number decided
rose from 6,088 to 6,336. Arrears at the end of 1910 numbered 4,978 against 5,257 at the
end of 1909. Of the total number of appeals decided 1,348 were dismissed. Of the remain
ing 4,988 appeals the decree was confirmed in 67 per cent., modified in 13-4 per cent.., and
reversed in 147 per cent. The average duration of appeals was 272 days against 271 in the
preceding year.
Applications for 4 * Institutions numbered 128,353 against 135,216 in 1909 and disposals numbered
execution of decrees. 127,463 against 138,586, leaving arrears of 41,985 compared wdth 41,095 in the previous
year. Satisfaction was obtained in full in 25,872 and in part in 26,249 cases, while 74 , 7^7
proved wholly infructuous, the comparative percentages of these three heads of disposal being
20, 21 and 59 against 19, 20 and 61 in the preceding year. The total amount realized, in
execution w^as Rs. 64,40,357 against Rs. 57,39,665 in 1909. The number of cases in which
the judgment-debtor w-as imprisoned rose from 693 to 711, and the number in which immove
able property was sold fell from 2,925 to 2,658. Applications for declaration of insolvency
numbered 595, an increase of 131. Of these 349 were disposed of, 137 being withdrawn,
I2 3 granted and 89 rejected compared with 63, 113 and 74 respectively in the previous year.
iared
Execution of Decrees of Civil Courts by the Revenue Department.
. The number of decrees referred to Collectors during the year 1910 w^as 5 > 7 11 corn Py ^
With 6,512 in the previous year. The opening balance, amounting to 8,183 decrees awaung
disposal, was also smaller than in 1909, so that the total number to be disposed of fel r0
I 5>4 1 6 in 1909. to 13,894 in 1910. Out of this number, 7,175 decrees were dispose
against 7,233 in the previous year, leaving a balance at the end of the year of 6,719 or ,
per cent, of the total number for disposal, against a similar percentage of 53 remain 111 #
' e , en ^ 0 ^. I 9 0 9- The number of cases settled by mutual agreement was 3,625 agams 3,7
T? e previous year. Sale of property was resorted to in 1,558 cases against 1,386 111 ?
e area of land sold increased from 10,517 acres to 12,831 acres, and the assessmen ^
i n S Tnnn 05 mu Rs ' I T 7 ° 4 - The price realized was Rs. 4 , 5 6 > 7 I 3 or Rs - 5 6 > 100 w jth
oR-R . 6 avera ge price of the land was 31 times the assessment compar
imes in the previous year. Mortgages on the land sold amounted to Rs. L 0 >