Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876
Every such claimant shall, along with his claim present full particulars thereof. Documents to be given up.--Every document on which the claimant founds his claim, or on which he relies in support thereof, shall be delivered to the Manager along with the claim. Entries in Books.--If the document be an entry in any book, the claimant shall produce the book to the Manager, together with a copy of the entry on which he relies. The Manager shall mark the book for the purpose of identification, and, after examining and comparing the copy with the original, shall return the book to the claimant. Exclusion of documents not produced.--If any document in the possession or under the control of the claimant is not delivered or produced by him to the Manager along with the claim, the Manager may refuse to receive such document in evidence on the claimant's behalf at the investigation of the case.
Summary
- When a person submits a claim, they must include all the specific details of that claim.
- The claimant must hand over every document they are using to prove their claim.
- If the proof is written in a book, the claimant must bring the actual book and a copy of the specific entry.
- The Manager will mark the book to identify it and then return the original book after checking the copy.
- If a claimant has a document but fails to give it to the Manager at the start, the Manager can refuse to let them use it as evidence later.
Practical examples
FAQ
1. What must be included with a claim?
A claim must include full particulars and every document the claimant relies on to support it.
2. What happens if the proof of debt is in a ledger or account book?
The claimant must produce the book and a copy of the entry. The Manager marks the book for identification and returns it.
3. Can a creditor submit new documents later if they forgot them at the start?
The Manager has the power to refuse any document not produced or delivered along with the original claim.
4. Does the Manager keep the claimant's original account books?
No, the Manager examines the book, marks it, compares it with the provided copy, and then returns the book to the claimant.
Test yourself
Q1.Under Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876, what must a claimant provide if their evidence is an entry in a book?
Q2.According to Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876, what is the consequence of not delivering a document at the time of making a claim?
Q3.Under Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876, what does the Manager do to a book produced by a claimant?
Q4.Under Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876, what level of detail must be provided with a claim?
Q5.How does Section 6 of The Chutia Nagpur Encumbered Estates Act, 1876, handle documents that are not in the claimant's possession or control?
Q6.Integrating Sections 5 and 6 of The Chutia Nagpur Encumbered Estates Act, 1876, if a person notifies the Manager of a claim within two months but fails to provide any supporting documents until the fourth month, what can happen?