Section 5 in The Rajasthan Zamindari and Biswedari Abolition Rules, 1959
5. [ Suit and proceedings affecting abolished estates. [Substituted by Notification No. F. 1(25) Revenue/A/59, dated 25.12.1960-Published in Rajasthan Gazette, Part 4-C, Extraordinary dated 2.2.1961.]
(1)In all suits and proceedings by or against the Biswedar or Zamindar affecting his estate that has vested in the State Government by a notification issued under Section 5 of the Act in which because of such vesting, the State Government will be a necessary party that were pending in any court, civil or revenue, at the date of vesting, and in all proceedings consequent upon any decree or order passed in any such suit or proceeding before the said date, the court shall give a notice to the Collector (in whose district such estate was situated) regarding the pendency of the said suit or proceeding.(2)If an application is made in that behalf by any party to such suit or proceeding or by the Collector, the court, after notice to other parties, shall cause the State Government to be made a party and shall proceed with the suit or the proceedings as the case may be. The State Government make so made a party may any defence appropriate to its-character on account of the vesting of the estate in it.(3)Where within the time limited hereunder, no application is made under sub-rule (2), the suit or proceeding shall abate as regards the reliefs for or against the Biswedar's or Zamindar's estate that has vested in the State Government.(4)The application under sub-rule (2) may be made within three months by the Collector from the date of the service of notice on him and by any of the parties from the date when the court directs issue of notice to the Collector.(5)Where a question arises as to whether a State Government is or is not the necessary party, such question shall be determined by the court.(6)Notwithstanding anything contained in the foregoing sub-rules, whether the cause of action survives or not, there shall be no abatement by reason of the vesting of the estate in the State Government between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the vesting and shall have the same force and effect as if it had been pronounced before the vesting took place.(7)(i)Where a suit or proceeding abates under this rule, no fresh suit or proceeding shall be brought on the same cause of action.(ii)The State Government or the party effected may apply for an order to set aside the abatement; and if it is proved that it was prevented by any sufficient cause from continuing the suit or the proceeding, the court shall set aside the abatement upon such terms as to costs or otherwise as it thinks fit.(iii)The provision of Section 6 of the Indian Limitation Act, 1877, shall apply to applications under clause (ii).(8)In the application of this rule to appeals and revision etc., so far as may be the word "suit." shall be held to include an appeal or a revision or a reference.(9)The provisions of this rule shall apply to proceedings in execution of a decree or order.(10)Immediately on receipt of a notice issued under sub-rule (1) ox-on an application under sub-rule (2) the Collector shall take steps for the proper representation in the suit or the proceedings as the case may be.(11)All suits and proceedings that have been stayed in accordance with clause (1) of sub-section (2) of Section 5 of the Act as it stood prior to the 4th of July 1960, and abated in accordance with Rule 5 of these rules as it stood prior to this amendment shall be revived, suo moto or otherwise by the court. Whereupon the provisions of sub-rules (1) to (10) shall be applicable.]
