The Rajasthan Court of Wards Act, 1951
Chapter VII SUITS
Chapter VII SUITS
54. Exercise of discretion not to be questioned in Civil Court, certain officers protected from suits
- (1) The exercise of any discretion conferred on the Government or the Court of Wards by this Act, shall not be questioned in any Civil Court.
- (2) No suit shall be brought against any officer of the Government or any guardian, manager or servant appointed by and discharging his duties under the Court of Wards, for anything done by him in good faith under this Act.
Chapter VII SUITS
55. Notice of civil suit
No suit relating to the person or estate 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 or other person in charge of estate, stating 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.
Chapter VII SUITS
56. Suit in Civil Court to be in the name of Collector or of such other person, as the Court of Wards may appoint
No ward shall sue or be sued, nor shall any proceedings be taken in the Civil Court otherwise than by and in the name of the Collector incharge of his estate or such other person, as the Court of Wards may appoint in this behalf
Chapter VII SUITS
57. Appointment of representatives in Civil Court
When in any suit or proceeding two or more wards, being parties, have conflicting interests, the Court of Wards shall appoint for each such ward a representative, and the said representative shall thereupon conduct or defend the case on behalf of the Ward whom he represents, subject to the general control of the Court of Wards.
Chapter VII SUITS
58. Statement of case for opinion by Civil Court
- (1) Where any question arises as between two or more wards of such nature that an adjudication upon it by a Civil Court is expedient, it shall be lawful for the Court of Wards to appoint a representative on behalf of each ward. The representative so appointed shall prepare a statement containing the point or points for determination and shall on behalf of the said ward, file the statement in a Civil Court having jurisdiction in the form of a case for the opinion of the said Court.
- (2) The Civil Court shall then proceed to hear and dispose of the case in the manner prescribed by the Code of Civil Procedure, 1908 for the hearing and disposal of suits.
- (3) The case shall be conducted on behalf of the wards by their representatives appointed under sub-section (1) of this section subject to the general control of the Court of Wards.
Chapter VII SUITS
59. Procedure for arbitration in cases between wards
- (1) When it appears to the Court of Wards, that any question or dispute arising between two or more wards is a fit subject for reference to arbitration, it may appoint a representative on behalf of each such ward and require the said representative to submit the question or dispute to the arbitration, of such person or persons, as it may approve.
- (2) A reference to arbitration made in accordance with sub-section (1), shall take effect in the same manner, and have the same consequences, as a reference made by persons who are not wards of Court.
Chapter VII SUITS
60. Suits etc. in Revenue Courts
- (1) No ward shall sue or be sued nor shall any proceedings be taken in a Revenue Court except by or in the name of the manager appointed by the Court of Wards or the Collector incharge of the ward's estate.
- (2) Such manager may subject to the control of such collector, or where there is no such manager, such Collector may institute, defend, compromise, or otherwise deal with suits, applications, or other proceedings in Revenue Courts relating to the estate entrusted to him.
Chapter VII SUITS
61. Saving of direct liability of Court of Wards for legal expenses
When a suit is brought in the Civil Court against the Court of Wards acting on behalf of a ward in respect of any estate under the superintendence of the Court of Wards and the title of the ward to the said estate is lost by reason of a decree in the said suit all expenses incurred by the Court of Wards in the course of such litigation shall, so far as they are not payable by the opposite party, be recoverable in the first, instance from any other property belonging to the said ward and in default thereof from the estate on account of which the said litigation was undertaken.
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