The Telangana Court of Wards Act, 1350 Fasli
Chapter VI SUITS.
Chapter VI SUITS.
46. Suit not to be instituted without written notice to Collector.
(1) No suit relating to the person or property of any ward, shall be instituted in any Civil Court unless the plaintiff has given notice in writing of his intention to the Collector or to the person appointed under sub-section (2) of section 14 and until the expiration of two months after such notice is given.
(2) The written notice referred to in sub-section (1) shall state the name and place of abode of the plaintiff, the relief which he claims, and the cause of action; and the plaint shall contain a statement that such notice has been delivered.
No notice shall be required in respect of a suit the period of limitation for which will expire within three months from the date of notification under section 14.
Chapter VI SUITS.
47. Suit or proceedings by or against ward.
A suit or proceedings in any Civil or Revenue Court by or against ward shall be in his name; but shall be conducted or defended by the manager appointed under section 20 as next friend or guardian and where no manager is appointed, the officer competent to act as manager under section 21.
Chapter VI SUITS.
48. Costs of suits to be charged to ward's property.
The costs decreed by a Court in any suit or proceeding against the manager of the property or the officer appointed under section 21, shall be paid out of the property of the ward.
Chapter VI SUITS.
49. Suits not to be instituted on behalf of ward without leave of Court.
No suit shall be instituted on behalf of any ward, by the manager of the property or the officer appointed under section 21, unless authorised by some general or special order of the Court: provided that a suit about to be barred by limitation, may be instituted without leave of the Court, but the Court shall not further proceed with such suit, until the Court ratifies the institution of the suit.
Chapter VI SUITS.
50. Settlement of disputes between two or more wards.
Where in any suit or proceeding wards being parties, have conflicting interest, the Court shall appoint for each such ward a next friend to conduct the suit or proceeding under supervision of the Court.
Chapter VI SUITS.
52. Court not liable for expenses.
When a suit is instituted in a Court in respect of any property of the ward under the superintendence of the Court, and the title of the ward to such property is lost by reason of a decree of the Court, the expenses incurred in the course of litigation, shall be paid from any other property of the ward.
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