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Section 35

The Gujarat Court of Wards Act, 1963State Act of Gujarat · Act 37 of 1963

(1) Where any question arises as between two or more Government, wards of such a nature that an adjudication upon it by a Civil Court is expedient, it shall be lawful for the Court of Wards, acting through the Collector of the district in which a case might have been stated for the opinion of the Civil Court with regard to such matter under rule 1 of Order XXXVI of the Code of Civil Procedure, 1908 to file in the Civil Court having jurisdiction a statement containing the point or points for determination.

IX of 1908.

Notice of suit.

Manager or Court of Wards to be next friend or guardian in suit by or against Government wards.

V of 1908.

Payment of costs.

Processes against Government ward to be served on next friend or guardian.

Authority of Court of Wards required in case of suits brought on be- half of Government wards.

Adjudication of civil disputes between two or more Government wards.

V of 1908.

[1963 : Guj. XXXVII Gujarat Court of Wards Act, 1963

(2) When such statement has been filed, the Court shall appoint a guardian for the suit for each ward having a separate interest, and such guardians shall thereupon conduct the case subject to the general control of the Court of Wards.

(3) The Court may, if it thinks fit, amend the case so stated and shall then proceed to hear and dispose of the case in the manner provided in Chapter XXXVIII of the Code of Civil Procedure, 1908 for the hearing and disposal of cases stated for opinion under that Chapter.

Where this provision sits

ActThe Gujarat Court of Wards Act, 1963
Section35
JurisdictionState of Gujarat
StatusIn force as published by the source

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