Section 5 of The Murshidabad Estate Administration Act, 1933
Suits and appeals during management.
So long as the appointment of the Manager continues—
- (1)in every suit or appeal to which 2*** 3 [* * * the State of 1 [West Bengal] in possession is a party the Manager shall be named as 4[its representative] for the purpose of such suit or appeal;
- (2)in every pending suit or appeal concerning the properties under management 5 [the State of 6 [West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shall be named as the representative of 5 [the State of 6 [West Bengal]] in possession for the purpose of the suit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of 5 [the State of 6 [West Bengal]] in possession except by the Manager;
- (3)the Court upon application by the Manager or by any party to the suit may order that the plaint or memorandum of appeal be amended so as to conform with the requirements of clause (1) or that the Manager be named as the representative of the 7 [State of West Bengal] in possession as required by clause clause (2) of this section.
Summary
- Outlines the rules for lawsuits and appeals while the Manager's appointment is active.
- If the State of West Bengal (in possession) is a party to a lawsuit or appeal, the Manager must be named as its representative.
- In any ongoing lawsuit or appeal about the managed properties, the State of West Bengal (in possession) replaces the Nawab Bahadur as the party, with the Manager named as its representative.
- Only the Manager is allowed to submit court applications on behalf of the State of West Bengal (in possession) in these lawsuits.
- The court can order the lawsuit papers (plaint or appeal memorandum) to be amended (changed) to reflect these representative requirements.
- This amendment can be ordered if either the Manager or any other party in the lawsuit submits an application to the court.
Practical examples
FAQ
1. Who represents the State of West Bengal in court cases concerning the estate?
The Manager is officially named as the representative of the State of West Bengal (in possession) for all such suits or appeals.
2. What happens to pending lawsuits that were filed against the Nawab Bahadur before management started?
In any pending lawsuit concerning the managed properties, the State of West Bengal (in possession) replaces the Nawab Bahadur as the party, and the Manager is named as the State's representative.
3. Can anyone other than the Manager make court applications for the State of West Bengal during management?
No, Section 5 explicitly states that no application in any such suit or appeal can be made to the court on behalf of the State of West Bengal (in possession) except by the Manager.
4. How are court papers updated to show the Manager as the representative?
The court can order the plaint (the written complaint) or memorandum of appeal (the appeal document) to be amended (changed) to name the Manager as the representative, upon an application by the Manager or any other party to the lawsuit.
Test yourself
1.Under Section 5 of The Murshidabad Estate Administration Act, 1933, who must be named as the representative of the State of West Bengal in possession in any lawsuit or appeal?
2.Under Section 5 of The Murshidabad Estate Administration Act, 1933, who replaces the Nawab Bahadur as a party in pending suits concerning the managed properties?
3.Under Section 5 of The Murshidabad Estate Administration Act, 1933, who is authorized to make applications to the court on behalf of the State of West Bengal in possession?
4.Under Section 5 of The Murshidabad Estate Administration Act, 1933, what documents can the court order to be amended to name the Manager as the representative?
5.Under Section 5 of The Murshidabad Estate Administration Act, 1933, who can apply to the court to have the lawsuit papers amended to name the Manager as representative?
6.Under Section 5 of The Murshidabad Estate Administration Act, 1933, the Manager represents the State in suits and appeals. How does this representation role depend on the Manager's active appointment under Section 3 of The Murshidabad Estate Administration Act, 1933?