Government Suits.

1[32. Governments suits.- (1) No subordinate Court other than the Court of 2[Civil Judge (Senior Division)] and no court of small causes shall receive or register any suit in which 3[the Crown] or any officer of the 4[Government] in his official capacity is a party.

1. (2) In every such case the Plaintiff shall be referred to Court of the 5[Civil Judge (Senior Division)] and such suit shall be instituted only in the Court of the 6[Civil Judge (Senior Division)] and shall be heard by such 7[Civil Judge], subject to the provisions of section 24 of the Code of Civil Procedure, 1908 (V of 1908).
2. (3) Nothing in this section shall be deemed to apply to a suit against the administration of a Government Railway ; or to apply to any suit merely because an officer of the 8[Government] is a party thereto, in his capacity of,-
   • (a) member of a local authority,
   • (b) curator, guardian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exercise of powers under :-
     • (i) Order 32, rule 4(4), of the Code of Civil Procedure, 1908 (V of 1908) ;
     • (ii) Section 69 or 71 of the Indian Lunacy Act, 1912 (IV of 1912) ;
     • (iii) Section 7,18 or 42 of the Guardians and Wards Act, 1890 (VII of 1890) ;
     • (iv) Section 1 or 17 of the Ahmedabad Talukdars Act, 1862 (Bom. VI of 1862) ;
     • (v) Section 3, 19(1), 19(2), 20, 22(1) or 41(1) of the Bombay Court of Wards Act, 1905 (Bom. 1 of 1905)].