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State of Gujarat - Section

Section 14 in Gujarat Court of Wards Act, 1963

14. Investigation and decision of claims.

(1)On receipt of all claims submitted in compliance with the provisions of sections 12 and 13, the Court of Wards shall proceed to investigate such claims and shall decide, subject to the provisions of sub-section (3), 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.
(2)Where the Court of Wards has admitted any claim under sub-section (1), it may make to the claimant 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 claimant, and his acceptance is finally recorded and attested by the Court of Wards or by any Revenue Officer not below the rank of an Assistant or Deputy Collector whom the [State Government] [These words were substituted for the words 'Commissioner', by Gujarat 15 of 1964, Section 4, Schedule] may, by general or special order, appoint in this behalf, it shall be conclusively binding upon the claimant:Provided that, if any portion of the claim reduced as aforesaid is unsatisfied, at the time when the superintendence of the property by the Court of Wards is withdrawn the clamant shall be entitled to recover a sum bearing the same proportion to the original claim admitted under sub-section (1) as the unsatisfied portion ears to the reduced claim.
(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 Government ward or his property which has been duly 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.