Repealed or not in force · As amended up to 2026-08
111. If the particulars be not filed within the time limited by Section I of this Act-or in the case of an order for further If particulars benot filed &hin the time limited, particulars under Section of this Act, if such further particulars be not filed within the time limited to proceed under Section XIV or any subsequent Section of the said Act, or
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ACT `No` I1 `OP` 1859.
IV.[Every person who has filed ][a ][declaration under the provisions of ] Section XIV of the said Act, shall file in the Time limited for filing Office of[the ] Registrar of the said Court, au documents intended to be used on the investip-
Time limited for filing documents to be used in support of claim.
tion in support of his claim (whether the same are intended to be used as independent or corroborative evidence or otherwise) within one week after the publication of this Act in the Fort Saint George Gazette, or within such time not exceeding one month from the time of such publication, as may be allowed by the said Court or a Judge thereof for any special rre?son which may appear to the said Court or Judge to be sufficient.
V. Whenever the particulars of a claim or any document is filed undcr 11--.... Dleuluru mdum to be made the provisions of this Act, a memorandum shall be made dars of claim Or thereon of the date on which the same is filed. uocuments, of the date when they are filed.
VI. The Solicitor to Government. and such other ~ersons as mav
be authorized by him, may-.examhie afid take copies of the particulars of any claim or of any document filed under the urovisionsof this Act. `A`
solicitc- `I,` &,. .V l=-.,.-...m-,,m+ " U l ~ L U I Y C U " `m y` ex; lmine and take coplea or particulars, &c.
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VII. No document shall be admitted in evidence in support o. `a a` No document to be re- any claim, ,or used by the claimant upon the in- ceived in evidence in support of claim, unlesP filed vestigation " thgreof under Section `X` XI I. of the as required by this Act said Act, unless the same shall have been filed in the manner and within the time required by this Act ; and upon every in- Claimants to be bo,,nd vestigation under Section XXIT of the said Act, the by partioulars.filed. claimant shall be bound by the particulars of his claim, in tlie same manner and to the same extent as a plaintiff is bound by the particulars of his demand in an action brought in the said Court.
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If particulars of claim are filed under this Act, particulirs under Act `3XX` of 1858 notmeceosary.
,I& ai't-t--Maliras or a Judge there" `&<\p:` - C of may, &pon a@i!@tion I ;bn %6half of the Government point Supreme Court a dny for ascertain- `ta` ap- , `d` :@&& . :? lbr ?:-, `~@b%-a~4~Y` &- y,jy-y `G*` * ,We& , for eprtainiog the amount ing tile .moltnt duaia a n due &g+tjf @"?&r& who -have filed a declaration person who has filed de- `I$;` claratians under Act `XSX` t\niI,&- `....` .A.4S&i.f&,& --.&,. - .-%Zv `,o;f` t&e s&d Act, and i n such case of 1858: notice of the day so appointed shall be given to the claimant. The day so ,appointed .shall not be bss than twenty-one days from the-time when the wid application shall be made.
X. If the claimant shall appear on the day so fixed, or on any other day to which the Court may think fit to postpone the investi- Proceedings if claimant appear on day fixed. gation, all such proceedings shall be had for ascertaining afid determining the amount due to the claimant, and for payment of the amount so ascertained, as if the day for ascertaining the amount of the debt had been appointed upon the application of the claimant under Section XIX of the said Act, except that it shall not be necessary for the elaimant to furnish particulars under Section XX of the said Act.
XI. If the claimant do not appear on the day fixed as provided -by Sec- Proceed~ogs ~f claimant[tion ][IX ][of this Act, or upon the day to which the Court ] do not On day fixed. may postpone the investigation, the Court, upon proof of service of the notice required by Section IX of this Act, shall make an order barking the claimant from proceeding under Section X1.v or any subsevent Section of Act XXX of `1858` and from the benefit of the.provisions of Section XXV of the said Act ; and in such case the claimant shall not be entitled to :proceed under Section XIV or any subsequent Section of the said Act, or to
be paid
ACT Ro. f*l: or `1859'. D` d*
be p i d under the provisions of Seet*&n XXV of the said Act, unless one week from such day, or @thin such time as the said Court or a Judge thoreof shall appoint for investigating tho cxcusc for not appearing, llle Court shall be satisfied that he had a reasonable excuse for not appearing and shall I fix another day for the hearing of his claim.
Source: India Code