(1) On the publication of a notification under ~ ~ ~ ~ ; l ~ ~ ~ & section 19, the District Collector therein specified to notify may, a t any time with the previous sanction of the claime.
'[State Government] publish in the Gazette of the district or districts in which such property may be situate a notice in English and in the vernacular oalling upon all persons. having pecuniary olaima, whether immediately enforceable or not against the ward or his property to notify the same in writing to the Collector within six months from the date of such notification.
(2) The notice shall also be published a t such - places and in such other manner as the court may, by general or special order, direct and shall be sent by registered post to every person who is known to the Collector as having a pecuniary claim against the <ward or his property and of whose address the Collector is credibly informed.
(3) The l[State Government] may at any stage of the proceedings under sections 37, 38 and 40 invest any person either by name or in virtue of his office with the powers of e Collector for any or all of the purposes of these sections.
1 The wo$a " Provincial Govepnent " were substituted for the words Looal ,Fvenunent by the Adepte;qion Order :$ 1937 and the word State " was substituted for Provincial by the Adaptation Order of 1950.
,490 'Court of Wards. [I902 : T.N.. Act.1 Ezpla.nation.-A claim shall be deemed to be pecuniary for the purpose of this section and sections . . 38 and 41 notwithstanding that a suit for its enforcement or a reference of such claim to arbitration is pending or that a decree or award has been passed establishing the same.
Cleimanta to 38. (1) Every such claimant shall within the period furnieh full and prescribed by section 37, notify to the Collector in doournente. writing his claim with full particulars thereof :
Provided that any claim presented after the expiration of such period and within a, further period of six months may be admitted if the claimant satisfies the Collector that he had sufficient cause for not notifying the claim a t an earlier date.
(2) Every document (including entries in books of account) in the possession of or under the control of the claimant on which he founds his claim, shall be produced before the Collector with the statement of claim or within such time after the preferring of the claim as may be allowed by the Collector in that behalf :
Provided that if the claim relates to an amount secured by a decree or award, it shall be sufficient for the claimant to produce before the Collector a certified copy of the decree and a certificate fro111 the Court which passed or is executing the same declaring the amount recoverable thereunder or a true copy of the award and a statement of the sum recoverable thereunder as the case may be ; and if the claim is pending adjudicstio~ in any court or has been referred .to arbitration, i t shall be sufficient for the claimant to produce a certified copy of the plaint or a true copy of the reference to arbitration as the case may be.
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(3) I t shall be lawful for the Collector to require the production by any claimant of such of tho documents in his possession or power relating to his alaim .other than the docume~ts, if any, produced under sub-seation (2) as the Colleqtor may oonsider.ne9ess~r~1.
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I I 1 1902: EN. Act I] Court of Way& 891
(4) Unless the Collector shall otherwise direct, - every document produced under this section shall be accompanied by a true copy thereof. The Collector shall mark the original document for t h e ' purpose of identification and, after examining and comparing the copy with it, shall retain the copy and return the original to the claimant. . .
39. Nothing contained in sections 37 and 38 shall ~ ~ ~ l ' P t h e j apply'to- any peciiniary claim of I[the Government] Government, .
or any local authority, or to claims for maintenance etc.~ not or for wages or salaries due to servants. affected.
40. The Collector shall after making such inquiry ~laiills as he may deem fit, decide which claims notified or ;P;fE,",d. and admitted under sectidn 38 are to be allowed in whole or in part, and which are to be disallowed, and, on his decision being confirmed by the Court, shall give written notice of the same to the claimants :
Provided that nothing herein contained shall be construed as precluding any claimant from continuing or instituting proceedings in any civil court in respeot of any claim whether such claim be allowed or disallowed by the Court in whole or in part.
41. Every pecuniary claim against the ward or Claims not notified cease his property which has not been duly notified to, or to carry admitted by, the Collector under section 38 shall interest, eto.
notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the expiration of the period prescribed by section 37, and shall not be paid until after the discharge or sattisfaction of the claims notified or admitted under section 38.
42. NO document in the possession or under the In admissibility oontrol of the claimant which should have been, but ~ ~ ~ " , " ~ ~ ~ t 8 has not been, produced in accorda,nce with the require* not produced.
ments of section 35 shall be admiiible in evidence 'against the ward or his representative in any suit 1 The words,," the Crown " were substituted for the word " Government by the Adaptation 'Pder of, ,1937 end the word '' Government " was substituted for Crown by the Adaptation Order of 1950. . . , . . .
\ Court of War& , [I902 .: T.N. Act I brought by or against the daimant, or any person olaiming under him unless it be proved to the satisfaotion of the civil court that it was not within his power to produoe suoh dooument before the Colleotor