Section A Procedure of Revenue Officers

1.  Revenue Officer and Revenue Court distinguished :- A revenue court is simply a revenue officer acting in a judicial instead of an executive capacity. There are, therefore, the same classes of revenue courts as of revenue officers, and ordinarily a revenue officer of any grade is a revenue court of the same grade and his jurisdiction in the one capacity is co-extensive with his jurisdiction in the other. [Section 77(2) of Punjab Tenancy Act, XVI of 1887].

The distinction between revenue and civil courts is more one of agency, than of Procedure. With respect to their respective jurisdiction, paragraphs 792-810 of the Land Administration Manual and Chapter 2-B of the High Court Rules and Orders, Volume 1, should be consulted.

2.  Procedure of Revenue Officers :- Land Revenue Rules 34 to 44 and Rules 2 to 11 of the Tenancy Rules prescribe the Procedure of Revenue Officers and should be consulted.  Briefly, they prescribe that the statements and pleadings made by or on behalf of parties to a revenue proceeding, whether oral or written, shall be as brief as the nature of the case admits; and shall not be argumentative. Every written application or statement filed by a party shall be drawn up and verified in the manner provided by the Civil Procedure Code for written statements in suits. In fixing dates, etc., the Revenue Officer is to follow the Procedure of revenue courts and the provisions of the Civil Procedure Code in respect of commissions also apply in the case of proceedings before a Revenue Officer. In proceedings before a Revenue Officer under the Punjab Tenancy Act, 1887, the Revenue Officer shall make with his own hand a brief memorandum of statements of parties and witnesses at the time when each statement is made. In every proceeding in which an order is passed on the merits after inquiry, the Revenue Officer making the order shall also record a brief statement of reasons on which it is founded. A revenue Officer may at his discretion award expenses of witnesses not exceeding the sum to which they would be entitled in civil courts. In proceedings in which costs have been incurred the final order shall apportion the costs, which will be recoverable in the manner prescribed in section 70 of the Land Revenue Act, 1887. Revenue Officer’s orders of ejectment from and delivery of possession of immovable property shall be enforced in the manner provided in the Code of Civil Procedure, and in enforcing of these orders Revenue Officer shall have all the powers in regard to contempts, resistance and the like which a civil court may exercise.

3.  If the memorandum made by a Revenue Officer under Land Revenue Rule 40 or Tenancy Rule 7 or his orders is in English, he may have it translated into the official language of the court. Such a translation should invariably be made if the proceedings have not been conducted in the official language of the court.

4.  Procedure of Revenue Courts :- General. Power to make special rules of Procedure for revenue courts is given by Section 88(1) of the Tenancy Act, but it has not been exercised. In the absence of any special rules the Procedure of the revenue courts is governed by the Code of Civil Procedure and the Rules and Orders of the High Court as far as these are applicable [Section 88(2) ibid.]

The instructions contained in Chapters 1-A to 1-H, 1-J to 1-L, 9, 10-A 10-B, 11-B and 14-E, of Volume 1, Chapter 7 of Volume IV of the High Court Rules and Orders, as amended from time to time should be followed with special care so far as they pertain to the Revenue Courts. Some of these instructions with the necessary modifications making them applicable to the Revenue Courts are reproduced in this Standing Order.

4-A.  The Revenue Officers/Revenue Courts should send history sheets of all the Revenue cases/revenue suits over one year old to the Financial Commissioner, Revenue, through the Commissioner of Division concerned indicating the reasons of delay. The history sheets shall be prepared as prescribed in the High Court rules and orders for submission to the High Court.