Chapter VI SUITS

No suit shall be brought in any civil court against the Government, the Court of Wards or any public servant or person duly appointed or authorised under this Act in respect of anything in good faith done or intended to be done under the provisions thereof or the rules made thereunder.

(1) No suit relating to the person or property of any ward shall be instituted in any civil court until the expiration of two months after notice in writing has been delivered to or left at the office of the Collector specified in the notification under section 18. (2) Such notice shall state the name and place of abode of the intending plaintiff, the cause of action and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left:Provided that notice under this section shall not be required in the case of any suit the period of limitation for which will expire within three months from the date of the notification under section 18.

In all suits or proceedings in any civil or revenue court the ward shall sue and be sued in his own name and the manager of his property appointed under section 23 or, if there is no such manager, the officer competent to act as manager under section 24 shall represent him as next friend or guardian ad litem , as the case may be.

If in any such suit or proceedings in any civil or revenue court shall decree any costs against the manager or other officer competent to act as manager under section 24, the Court of Wards shall cause such costs to be paid out of any property of the ward, which, for the time being, may be in its hands.

No, suit shall be brought on behalf of any ward by the manager or other officer competent to act as manager under section 24, unless authorised by some particular or general order of the court:Provided that a manager or other officer as aforesaid may file a plaint in order to prevent the suit from being barred by the law of limitation, but such suit shall not be further proceeded with, until the consent of the court has been obtained.

(1) When any question arises as between two or more wards of such a nature that an adjudication upon it by a civil court is expedient, it shall be lawful for the Court of Wards, acting through the Collector of the district in which a case might have been stated for the opinion of the civil court with regard to such matter under rule 1 of Order XXXVI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), to file in the civil court having jurisdiction a statement containing the point or points for determination. (2) When such statement has been filed, the civil court shall appoint a guardian ad litem for each ward having a separate interest, and such guardians shall thereupon conduct the case subject to the general control of the Court of Wards. (3) The civil court may, if it thinks fit, amend the case so stated, and shall then proceed to hear and dispose of the case in the manner provided in Order XXXVI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), for the hearing and disposal of cases started for opinion under that Order.