Section 32 in The Maharashtra Civil Courts Act, 1869
32. [ Government suits [This section was substituted for the original section 32 by section 2 of the Bombay Civil Courts (Amendment) Act, 1926 (Bombay VI of 1926).]
(1)No subordinate court other than the court of a [Civil Judge (Senior Division)] and no court of small causes shall receive or register any suit in which [the Crown] [The words 'the Crown' were substituted for the words 'the Secretary of State for India in Council' by the Adaptation of Indian Laws Order in Council.] or any officer of the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] in his official capacity is a party.(2)In every such case the plaintiff shall be referred to the court of the [Civil Judge (Senior Division)] [The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the First Class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.] and such suit shall be instituted only in the court of the [Civil Judge (Senior Division)] [The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the First Class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.] and shall be heard by such [Civil Judge] [The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.], subject to the provisions of section 24 of the Code of Civil Procedure, 1908.(3)Nothing in this section shall be deemed, to apply to a suit against the administration of a Government railway; or to apply to any suit merely because an officer of the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] is a party thereto, in his capacity of-(a)member of a local authority,(b)curator, guardian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exercise of powers under:-(i)Order 32, rule 4(4), of the code of Civil Procedure, 1908;(ii)Section 69 or 71 of the Indian Lunacy Act, 1912;(iii)Section 7, 18 or 42 of the Guardian and Wards Act, 1890(iv)Section 1 or 17 of the Ahmedabad Talukdar's Act, 1862;(v)Section 3, 19(1), 19(2), 20, 22(1) or 41(1) of the Bombay Court of Wards Act, 1905].Removal or Suspension
