(1) On the publication of a notification under section 35 the Court shall not proceed with the execution of a decree against the person or property of the ward, until a certificate to the effect that the decree-holder has acted in accordance with section 36 is produced or until the expiration of three months from the date of receipt by the 49[Collector] of a written application by the decree-holder, for such certificate, accompanied by a certified copy of the decree.
(2) Any person, holding a decree against the ward or his property, shall be entitled to receive from the 49[Collector] free of cost the certificate under sub-section (1).
Such certificate shall be conclusive proof of the matters stated therein.
(3) In computing the period of limitation for the execution of the decree, proceedings in which have been stayed under sub-section (1), the time from the date of the notice or of the decree, if it was passed subsequently to the publication of the notice, to the date when the 49[Collector‟s] decision under section 39 is confirmed and notified shall be excluded.
41. Where any document which is in the possession or under the control of a claimant is not produced by him as required by section 36, such document shall not be admitted in evidence in any suit instituted by the claimant or his legal representative during the continuance of the superintendence of the Court or after it is withdrawn, in respect of any claim or liability founded upon such document or supported by it, unless the Court is satisfied
49. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Execution of decree to be stayed till certificate is produced.
Inadmissibility in evidence of document not produced under section 36.
[Act No.XII of 1350 F.] 25 that there was reasonable and sufficient cause for not producing such document before the 50[Collector].
42. Where a Court has passed an order for execution of a decree against any property of a ward, the 50[Collector] may, within one year from the date on which superintendence is assumed, apply to the Court to stay the execution; and the Court may, secure the interest and any loss of the decreeholder and stay execution of the decree for a reasonable period.