ASCERTAINMENT OF DEBTS

Notice to claimants and presentation of claims

§17

Summary

(1) On the publication of a notification under section 15, the Collector specified in the order of assumption, or any other Collector whom the Court of Wards may appoint in this behalf, shall publish in the Rajasthan Gazette a notice calling upon all persons having claims, including decrees for money whether secured by mortgage or not, against the ward or his estate to notify the same in writing to such Collector, within six months from the date of publication of the notice: Provided that, if the claimant be at the date of notice, a minor or insane or an idiot, the said period of six months shall begin to run in accordance with the rules contained in section 6 of the Indian Limitation Act, 1908: Provided further that if the claimant be at the date of the said notice absent from India, the said period shall begin to run from the date of his return to India. (2) The notice shall also be published at such places and in such other manner as the Court of Wards, may be general or special order, direct. (3) Every claimant shall together with his statement of claim present full particulars thereof: Provided that in the case of a decree, it shall be sufficient to file a certified copy of the same together with particulars showing the extent to which the decree has been satisfied. (4) Every document (including entries in books of account) on which the claimant founds his claim, or on which he relies in support thereof, shall be produced before the Collector with the statement of claim: Provided that the provisions of section 4 of the Banker's Books Evidence Act, 1891, shall apply to proceedings under this Chapter. (5) Every such document shall be accompanied by a true copy of the same. The Collector shall mark the original document for the purpose of identification, and after examining and comparing the copy with it, shall retain the copy and return the original to the claimant. (6) Nothing in this and the following sections of this Chapter shall apply to any claim in respect of a transaction subsequent to the date of notification under section 15.

(1) On the publication of a notification under section 15, the Collector specified in the order of assumption, or any other Collector whom the Court of Wards may appoint in this behalf, shall publish in the Rajasthan Gazette a notice calling upon all persons having claims, including decrees for money whether secured by mortgage or not, against the ward or his estate to notify the same in writing to such Collector, within six months from the date of publication of the notice: Provided that, if the claimant be at the date of notice, a minor or insane or an idiot, the said period of six months shall begin to run in accordance with the rules contained in section 6 of the Indian Limitation Act, 1908: Provided further that if the claimant be at the date of the said notice absent from India, the said period shall begin to run from the date of his return to India. (2) The notice shall also be published at such places and in such other manner as the Court of Wards, may be general or special order, direct. (3) Every claimant shall together with his statement of claim present full particulars thereof: Provided that in the case of a decree, it shall be sufficient to file a certified copy of the same together with particulars showing the extent to which the decree has been satisfied. (4) Every document (including entries in books of account) on which the claimant founds his claim, or on which he relies in support thereof, shall be produced before the Collector with the statement of claim: Provided that the provisions of section 4 of the Banker's Books Evidence Act, 1891, shall apply to proceedings under this Chapter. (5) Every such document shall be accompanied by a true copy of the same. The Collector shall mark the original document for the purpose of identification, and after examining and comparing the copy with it, shall retain the copy and return the original to the claimant. (6) Nothing in this and the following sections of this Chapter shall apply to any claim in respect of a transaction subsequent to the date of notification under section 15.

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