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Section 17: Parties to suits

The Goa Mamlatdars Court Act,1966.State Act of Goa · Act 9 of 1966

(1) A minor may sue or be sued, if he is represented by a natural or duly appointed guardian.

(2) The Mamlatdar may, at any stage of the proceedings order that the name of any person to whom possession or enjoyment of the property or use claimed, or of any part thereof, may have been transferred, or the addition of whom as a party appears necessary in order to enable the Court effectually and completely to adjudicate upon the issues, be added as a plaintiff or defendant, as the circumstances of the case may require:

Provided that no person shall be added as a plaintiff without his consent:

Provided further that in respect of any person so added not being a transferee pending the suit, the suit shall for the purposes of sub-section (3) of section 4, be deemed to have been instituted on the day when his name was so added.

(3) In case of the death of any party while the suit is pending;

(i) if application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and shall enter on the record the name of such representative;

(ii) if no such application is made, the suit shall abate.

(4) Where the Mamlatdar orders the name of any person to be added as a defendant or enters on the record the name of any person as the legal representative of a deceased defendant the Mamlatdar shall issue to such person a notice as provided in section 13, and the trial shall proceed on the date fixed in such notice.

Where this provision sits

ActThe Goa Mamlatdars Court Act,1966.
Section17
Marginal noteParties to suits
JurisdictionState of Goa
StatusIn force as published by the source

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