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British India - Act

The Public Suits Validation Act, 1932

BRITISH INDIA
India

The Public Suits Validation Act, 1932

Act 11 of 1932

  • Published on 1 January 1932
  • Commenced on 1 January 1932
  • [This is the version of this document from 1 January 1932.]
  • [Note: The original publication document is not available and this content could not be verified.]
An Act to validate certain suits relating to public matters.WHEREAS it is expedient to validate certain suits relating to public matters which may be or have been held to be invalid by reason of the previous sanction of the Local Government in respect thereof not having been obtained as required by section 93 of the Code of Civil Procedure, 1908 (5 of 1908); It is hereby enacted as follows:-

1. Short title and extent.-

(1)This Act may be called the Public Suits Validation Act, 1932 .
(2)It extends to all parts of 1 India except the territories which, immediately before the 1st November, 1956 , were comprised in Part B States] to which sections 91, 92 and 93 of the Code of Civil Procedure, 1908 (5 of 1908 ), extend.

2. Validation of certain pending public suits.-

Where a suit relating to any of the public matters specified in sections 91 and 92 of the Code of Civil Procedure, 1908 (5 of 1908 ), is pending at the commencement of this Act, the institution of such suit shall not be deemed to be invalid on the ground that the previous sanction of the State Government in respect of such suit has not been obtained as required by section 93 of that Code. Explanation.- For the purposes of this section a suit pending at the commencement of this Act includes a suit in respect of which an appeal lies or is pending at the commencement of this Act.

3. Restoration of certain dismissed public suits.-

Where any suit relating to any such public matter has, after the 30th day of November, 1931 , and before the commencement of this Act, been dismissed by a Court of first instance solely on the ground that the sanction of the State Government in respect of such suit has not been obtained as required by section 93 of the Code of Civil Procedure, 1908 (5 of 1908 ), the Court shall, on application made within six months from the commencement of this Act, make an order setting aside its decree and shall proceed with the suit.

4. Retrial of certain appeals relating to public suits.-

Where, in any appeal arising from a suit relating to any such public matter, a decree has been passed after the 30th day of November, 1931 , and before the commencement of this Act, dismissing the appeal or dismissing the suit from which the appeal arose, solely

1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for" Part A States and Part C States".

on the ground that the previous sanction of the State Government in respect of the suit had not been obtained as required by section 93 of the Code of Civil Procedure, 1908 (5 of 1908 ), the Appellate Court shall, on application made within six months from the commencement of this Act, make an order setting aside its decree and shall proceed with the appeal.