5Suits and appeals during management
So long as the appointment of the Manager continues—
(1) in every suit or appeal to which 2*** 3 [* * * the State of 1 [West Bengal] in possession is a party the Manager shall be named as 4[its representative] for the purpose of such suit or appeal;
(2) in every pending suit or appeal concerning the properties under management 5 [the State of 6 [West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shall be named as the representative of 5 [the State of 6 [West Bengal]] in possession for the purpose of the suit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of 5 [the State of 6 [West Bengal]] in possession except by the Manager;
(3) the Court upon application by the Manager or by any party to the suit may order that the plaint or memorandum of appeal be amended so as to conform with the requirements of clause (1) or that the Manager be named as the representative of the 7 [State of West Bengal] in possession as required by clause clause (2) of this section.
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1. Subs. by the A.O. 1948, for "Bengal".
2. The words "the Secretary of State or" omitted, ibid., s.9.
3. Ins. by the A.O. 1937.
4. Subs. by the A.O. 1948, for "his representative".
5. Subs. by the A.O. 1937, for "the Secretary of State".
6. Subs. by the A.O. 1948, for "Bengal".
7. Subs., ibid., for "Secretary of State".
- 1 Short title and extent
- 2 Definitions
- 3 Appointment of Manager
- 4 Effect of order under section 3
- 5 Suits and appeals during management
- 6 Manager to receive rents, issues and profits
- 7 Application by Manager of sums received
- 8 Notice to claimants
- 9 Presentation of claims
- 10 Debt not duly notified to be barred
- 11 Determination of debts
- 12 Power to inquire into consideration for leases, etc
- 13 Appeals to Board of Revenue
- 14 Scheme for settlement of debts
- 15 Power to call for further particulars
- 16 Power to summon witnesses
- 17 Investigation to be deemed a judicial proceeding
- 18 Power to order production of accounts, papers, etc., and evidence of title
- 19 Powers of Manager for realisation of rents, etc
- 20 Power to lease
- 21 Power of Manager to contract and take action for the benefit of the estate
- 22 Powers or supervision and control
- 23 Manager to be deemed a public servant
- 24 Recovery of fines
- 25 Bar of suits, etc., against certain persons
- 26 Power of State Government to make orders
- 27 Effect of withdrawal from entry by State Government
- 28 Power to make rules