Section 6 in The Indian Soldiers (Litigation) Act, 1925
6. Noticeto be given in case of unrepresented Indian soldier
.- [(1)] [ Renumbered as sub-S. (1) thereof by Ord. 64 of 1942, S.3 (w.e.f. 12.12.1942).] If a Collector hascertified under section 5, or if the Court has reason to believe, that an Indian soldier, who is a party to any proceeding pending before it, is unableto appear therein, and if the soldier is not represented by any person dulyauthorised to appear, plead or act on his behalf, the Court shall suspend theproceeding and shall give notice thereof in the prescribed manner to theprescribed authority:Provided that the Court may refrain from suspending the proceeding and issuingnotice if -(a)the proceeding is a suit, appeal or application instituted or made by thesoldier, alone or conjointly with others with the object of enforcing a rightof pre-emption, or(b)the interests of thesoldier in the proceeding are, in the opinion of the Court, either identicalwith those of any other party to the proceeding and adequately represented bysuch other party or merely of a formal nature.(2)[ If it appear to the Court before which any proceeding is pending that an Indian soldier though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to beprejudiced by his inability to attend, the Court may suspend the proceeding andshall give notice thereof in the prescribed manner to the prescribed authority.] [ Inserted by Ord. 64 of 1942, S.3 (w.e.f. 12.12.1942).]
