Section 23 of The Chutia Nagpur Encumbered Estates Act, 1876
Nothing in this Act precludes the Courts in Chutia Nagpur having jurisdiction in suits relating to the succession to, or claims of maintenance from, any immoveable property brought under the operation of this Act, from entertaining and disposing of such suits; but to all such suits the Manager of such property shall be made a party.
Summary
- Local courts in Chutia Nagpur keep their power to hear certain types of cases.
- These cases include disputes over "succession" (who has the right to inherit the property).
- They also include "maintenance" cases (claims for money to live on from the property's income).
- Even if a property is being managed under this Act, these specific lawsuits are allowed to continue.
- A critical requirement is that the Manager of the property must be included as a "party" (a named person involved) in the lawsuit.
Practical examples
FAQ
1. Why does the Manager have to be a party to the lawsuit?
Since the Manager is currently in control of the property and its income, they need to be involved in any case that decides who owns it or who gets money from it.
Test yourself
Q1.Under Section 23 of The Chutia Nagpur Encumbered Estates Act, 1876, which type of suit is explicitly permitted in Chutia Nagpur courts?
Q2.According to Section 23 of The Chutia Nagpur Encumbered Estates Act, 1876, who must be made a party to allowed suits regarding inheritance or maintenance?
Q3.What other type of claim, besides succession, is saved by Section 23 of The Chutia Nagpur Encumbered Estates Act, 1876?
Q4.How does Section 23 of The Chutia Nagpur Encumbered Estates Act, 1876, interact with the "Bar of Suits" found in Section 3?