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State of West Bengal - Section

Section 10D in The Court Of Wards Act, 1879

10D. [ Adjudication of claims. - (1) On receipt of all claims submitted in compliance with the provisions of sections 10A and 10B, the Court shall proceed to investigate such claims, and shall decide which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communicate its decision in writing to each claimant concerned.] [Section 10D first inserted for Western Bengal, by Bengal Act 1 of 1906, and for Eastern Bengal, by E.B. and A. Act 3 of 1907, then substituted by Bengal Act 6 of 1936.]

(2)When the Court has admitted any claim under sub-section (1), it may make to the creditor a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both; and, if such proposal, or any modification of it, is accepted by the creditor and his acceptance is finally recorded and attested by the Court, it shall be conclusively binding upon the creditor and upon the ward.[* * * * * *] [Proviso omitted by Bengal Act 6 of 1936.]
(3)Subject to the provisions of sub-section (2), nothing in this section shall be construed to bar the institution of a suit in a Civil Court for the recovery of a claim against a ward or his property which has been submitted to the Court of Wards:Provided that no decision of the Court of Wards under this section shall be proved in any such suit as against the defendant.
(4)In calculating the period of limitation applicable to suits for the recovery of a claim which has been submitted to the Court of Wards the period from the date of submission of the claim up to the date of the communication of the Court's decision thereon to the creditor shall be excluded.