Lawgist6Notice to be given in case of unrepresented Indian soldier
1[(1)] If a Collector has certified under section 5, or if the Court has reason to believe, that an Indian soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding, and shall give notice thereof in the prescribed manner to the prescribed authority:
Provided that the Court may refrain from suspending the proceeding and issuing the notice if--
(a) the proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing a right of pre-emption, or
(b) the interests of the soldier in the proceeding are, in the opinion of the Court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature.
2[(2) If it appears to the Court before which any proceeding is pending that an Indian soldier though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority.]
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1. S. 6 renumbered as sub-section (1) of that section by s. 3, ibid.
2. Ins. by s.3, ibid.
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Circumstances in which an Indian soldier shall be deemed to be serving under special conditions
- 4 Particulars to be furnished in plaints, applications or appeals to Court
- 5 Power of Collector to intervene in case of unrepresented Indian soldier
- 6 Notice to be given in case of unrepresented Indian soldier
- 7 Postponement of proceedings
- 8 Court may proceed when no certificate received
- 9 Postponement of proceedings against Indian soldier on leave
- 10 Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions
- 11 Modification of law of limitation where Indian soldier or his legal representative is a party
- 12 Power of Court to refer questions to prescribed authorities
- 13 Rule making power
- 14 Power to apply the provisions of the Act to other persons in the service of the Government
- 14A [Repealed.]
- 15 [Repealed.]
