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[Cites 0, Cited by 1] [Section 5] [Entire Act]

Bengal Presidency - Subsection

Section 5(2) in The Bengal Alluvial Lands Act, 1920

(2)On receipt of a reference made under sub-section (1), the principal Civil Court of the district may either proceed to determine the matter or may transfer the matter for determination to any other Civil Court subordinate to such Court competent to try or dispose of a suit for the determination of title to the land.The said Court shall issue notices [to all the persons mentioned in the list of claimants referred to in section 4A] [Words, figure and letter substituted by Bengal Act 5 of 1935.] to appear and file statements of their respective claims. [No other person shall be made a party to the reference unless the said Court is satisfied that for some reason not due to wilful default or negligence on the part of such person he was unable to file a statement of claim referred to in section 4A, sub-section (1), in due time or that the Collector has without sufficient reason held that such person's claim was not bona fide. A person pleading ignorance of the issue of the notice under that sub-section shall not be made a party to the reference unless he proves to the satisfaction of the said Court that he had no knowledge that the land had been attached.] [Words, figures, letter and brackets Inserted by Bengal Act 5 of 1935.] The said Court shall also determine which of the claimants has the right to begin at the hearing of the reference.