(1) Whenever it shall appear to the Court of Wards that by virtue of or in execution of a decree or order of a Civil Court, the property of a Government ward under its superintendence is or is likely to be insufficient for the payment of the expenses-
(a) of the management of the property of the said ward under this Act, or
(b) of the said ward, his family and dependents, allowed under section 23, the Court of Wards may issue a certificate in writing to the Civil Custody and residence of certain Government wards.
Allowance for Government ward, his family and dependents.
Duties of Court of wards or manager.
Power of Court of Wards as to property of Government wards.
Power of Court of Wards to evict.
Recovery of arrears of rent as arrears of land revenue.
Property under superintendence not liable to sale for arrears.
Power of Court of Wards to direct any property of Government ward to be exempt from process of Civil Court.
1963 : Guj. XXXVII ] Gujarat Court of Wards Act, 1963 11 of 15 Court executing the said decree or order directing that the said property shall, for such period as the Court of Wards may from time to time deem expedient, be exempt from any attachment, sale, transfer or other process by a Civil Court.
(2) Upon the receipt of such certificate the Civil Court executing the decree or order against the Government ward shall, notwithstanding anything contained in section 15 or any other law for the time being in force, remove any attachment or other process pending against the property specified in the certificate and shall set aside any order of sale or transfer of the said property and there- upon the said property shall be exempt from any attachment, sale, transfer or other process by a Civil Court for the period specified in the said certificate and during the said period the execution of such decree or order shall, so far as it affects the said property for the purposes of section 15 of the Indian Limitation Act, 1908, be deemed to have been stayed :
Provided that if the superintendence of the Court of Wards of the property of the said Government ward terminates under section 16 or is withdrawn under section 39, the exemption granted under this section shall, with effect from the date of such termination or withdrawal, cease to be in operation.
30. No suit relating to the person or property of any Government ward shall be brought in any Civil Court until the expiration of two months after notice in writing stating the name and place of abode of the intending plaintiff, the cause of action and the relief claimed, has been delivered to, or left at the office of, the Court of Wards;
and the plaint shall contain a statement that such notice has been so delivered or left:
Provided that notice under this section shall not be required in the case of any suit the period of limitation for which will expire within three months from the date of a notification issued under sub section (1) of section 11.
31. Subject to the provisions of the Code of Civil Procedure, 1908, in every suit brought by or against a Government ward, the manager of the Government ward's property, or, where there is no manager, the Court of Wards having the superintendence of the Government ward's property, shall be named as the next friend or guardian for the suit, as the case may be.
32. Where, in any suit brought by or against a Government ward, any Civil Court decrees any costs against the Government ward's next friend or guardian for the suit, the Court of Wards shall cause the costs to be paid out of any property of the Government ward which may, for the time being, be in its hands.
33. Every process which may be issued out of any Civil or Revenue Court against any Government ward shall be served on the Government ward's next friend or guardian for the suit.
34. No suit shall be brought, and no appeal in any suit shall be preferred by any guardian or manager appointed by the Court of Wards on behalf of any Government ward unless it is authorised by an order in writing of the Court of Wards :
Provided that a manager may authorize a plaint or a memorandum of appeal to be filed in order to prevent a suit or appeal from being barred by the law of limitation, but the suit or appeal shall not afterwards be proceeded with except with the sanction of the Court of Wards.