'REPORT ON THE ADMINISTRATION OF THE BOMBAY PRESIDENCY FOR THE YEAR 1881-82’ [‎91r] (186/589)

1881-82.] CIVIL JUSTICE. : l ?5 Chap. Ilf.
PROTECTION.
The provisions of the insolvency chapter have likewise proved
inoperative. Only 10 applications were presented to the courts
during the year, 2 of which were rejected on the merits, 1 dis
missed for default, 2 withdrawn, and 5 are pending. Religious
scruples and the fear of losing credit are assigned as the two
chief causes, hut it seems to the Special Judge that if the process
were once familiarised by a few successful examples there would
be no hesitation on mere religious grounds in freely resorting to it.
At the end of the year there were 136 village munsifs who
disposed of 2,934 suits and left 241 in arrears. The heaviest
work appears to be in the town of Ahmednagar and Bhingar, but
three-fourths of the munsifs have had no work to speak of.
Those who have had work to do have on the whole done it in
a very satisfactory manner. The suits disposed of were of a very
simple character and were mostly uncontested. In the few con
tested cases the decisions seemed to be proper. In a few in
stances moveable property was attached in execution of decrees
which were, however, always satisfied before it became necessary
to order a sale. The munsifs appear to be chiefly useful in
those places where the resident population is to a large ex
tent non-agricultural. The office is popular, and the inhabitants
of several places have applied for the services of such officers in
their own neighbourhood, but the probable effect would be to
increase the number of petty money suits for sums below Rs. 10.
. The conciliation system is in full force in 26 talukas, in par
tial operation in 5 talukas, and has been suspended in 6 talukas^
owing to the want of success attending the experiment. In all
there were 313 conciliators who disposed of 69,531 applications,,
but failed to effect a settlement in 36,869 cases, in the majority
of which the parties refused to attend to their summons. The
chief complaint made by conciliators is that the people will not
come to them when called, because they know they cannot compel
their attendance; and many of them pray that the law may be
amended so as to arm them with the necessary powers. The dis-»
missals for default amount to 18,616, and in numerous instances,
no doubt, the creditors privately settle their disputes with their
The withdrawals, 5,569, may be attributed almost
wholly to amicable settlements effected with the intervention of
e conciliators. In many cases the settlement was carried into
o ect m their presence, so that no necessity remained for reducing
o agreement to writing and sending it to the court at further
8,577 agreements were effected before conciliators and
y hem reduced to writing and transmitted to the courts, or
nearly 13 per cent, of the total disposals, but 44 per cent, in
e number of cases in which a fair effort was made to causo
1 * ? P ar ^ e s to agree. 34,067 certificates were issued by conci-
bwT ^ d ° es not a PP ear t]iat tf 16 plaintiffs take any im-
e late steps to proceed against their debtorsdn the courts.
thi' 6 ce ^ 1 ^ ca ^ es cost four annas each, and the fees realised from,
is and other sources amount to Rs. 8,516.
fere f Wor h has been very unevenly distributed among the dif-
cn conciliators ; some have had too much to do, and others