Repealed or not in force · As amended up to 2026-08
4. The meaning of section ten of Act XIV of Act 1863 was, and has always beell, that in the suits therein mentioned the want of such notice as therein mentioned shall not be a bar to the progress of the suit, and not that the suits therein mentioned must be heard and decided by the same officer from the beginning to the end.
Act `1861` XIV sectio~~ 01 ;;pldned.
5. All suits heard and decided by any officers in[Suits ][hearc1 ] pursuance of the said Acts and of the intentions of $;:;;if the said Local Government as herein explained, have the saici ~ ~ been heard and deciclcd by proper authority, and tllc to be deemecl properly decisions given in such suits are valid decisions sub- he,rd. ject only to such appeals as are by law provided.
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6. No decision made, whether in the first instance[Decisions of ] or on appeal, by any Collector, Assistant Collector, :'::c,~ltDeputy Collector or other officer purporting to act A C ~ S in under the provisions of Act X of 1859 or Act XIV of certain suits 1863 `in` any suit of the nature mentioned in section[validated. ] twenty-three of Act X of 1859 or in Act XIV of 1863 shall be impugned or deprived of effect by rcason of the objection that such officer did not possess the jurisdiction legally necessary for passing such decision ; but all such decisions shall be dealt with by every Appellate Court as if they had been niacle by a , tribunal possessing the authority to entertain and decide the suit.
7.[Every suit instituted, or question arising, under ][Suits to be ] Act X of 1859 or Act XIV of 1863, which conres be- :zj$:l:te fore any Court of Justice, shall be decided in accord- xvith this ~~t ance with this Act and in accordance with Act XXII ?;fitf of 18'72, at whatever time sncll suit may have been ls72. commenced, or such question xilay have arisen, and at whatever time any decision niay have been delivered affecting such suit or question.
`8.`[Every decree or order of ][[an ]][Appellate Court ][[VaIidatio~l ][of ]][[of ]] made on OT after the first clay of January 1871, which has declared or trcated any judicial order or proceecl- of Settleiug of an officer emploj~od in maliing or revising a a scttlelilcut to be void for waut of autliurii!y in such al,pcal,
`8.`[[an ]][[VaIidatio~l ][of ]][[of ]] made on OT after the first clay of January 1871, which ~ $ ~ ~ , ~ $ ,
iug of an officer emploj~od in maliing or revising a a ~ ; ~ r ~ ~ ~ ; + ;
in such such al,pcal, oMicc1',
oficer, is Iiercby declared to bc itself void, and all such orders and procccdings of such oficers sllall be deemed to be as valid as if no such decree or order cleclaring tllem to be void for want of authority hacl been passed in appeal :
P~ovidcd that wllenever the iiierits of the case constituted any portion of the grounds of appeal, ancl tlie appellant, who has succeeded on the gl.onnd of ~ v ~ n t of anthority in the Court of first instance, desires to prosecute his appeal on the merits, and applies to tho Appellate Court for that lmrpose within ninety days after the passing of this Act, the Appellate Court shall resume the hearing of the appeal and prooeecl to determine it on the merits :
appellant, who has succeeded on the gl.onnd of ~ v ~ n t
Provided also that the provisions of this scction shall not apply to any case in which the holder of a decrec treated as invalid for want of authority as afoyesaid has, before the passing of this Act, obtained n decree in a competent Court in another suit upon the same causc of action.
" thereunder, all ,
`Pses~lmption` 9. In construing: the said Acts, and in deciding on
`in favo~<s of favo~<s of of` jlldicial and `officia.1`
`in favo~<s of favo~<s of of` jlldicial and the validity of judycial proceedi;gs
Judges and Courts of Justice shall have regard to the which lias actually prevailed, and-shall also, in the absence of evidence or express lam to the contrary, -~.,rcsnme that what purporis to have been cloac by ~ublic a~~thority has been rightly done.
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Source: India Code