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The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, SEPTEMBER 4, 1948

PART IV

Acts of the Dominion Legislature assented to by the Governor-General

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 4th September, 1948

The following Act of the Dominion Legislature received the assent of the Governor General on the 4th September, 1948 and is hereby published for general information: —

ACT NO. X1A11 OF 1948

An Act to make certain special provisions for the institution of suits by dis-

placed persons.

WHEREAS it is expedient to make certain special provisions for the institution of suits by displumed persons;

It is hereby enacted as follows: — 1. Short title and extent.—(i) This Act may be called the Displaced Persons (Institution of Suits) Act, 1948.

(2) It extends to all the Provinces of India.

. 2. Duration.—This Act shall remain in force for a period of three years only, but upon the expiry of the said period section 6 of the General Clauses Act, 1897 (X. of 1897) shall apply as if this Act had been then repealed by a Central Act.

8. Definition In this Act, "displaced person' means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or tear of such disturbances in any area now forming part of Pakistan, has been displaced from, or has loft, his place of residence in such area after the 1st day of March, 1947, and who has subsequently been residing in India.

4. Institution of suits by displaced persons.—Notwithstanding anything con-tained in section 20 of the Code of Civil Procedure, 1908 (V of 1908) or in any other law relating to the local limits of the jurisdiction of Courts or in any agree- ment to the contrary, a displaced person may institute a suit in a Court within the local limits of whose jurisdiction he or the defendant or any of the defendants, whore there are more than one at the time of the commencement of the suit, 213

actually and voluntarily resides, o- carries ou busmesH, or personally works lor gain, if—

(i) the dolendnnt, or uiiLi'e there are more than ono, each of the de- fendants, actually and voluntarily resides or carries on business, or personal- ly works for gain in India and is not a displaced person;

(ii) tha cause of action, wholly or in part, arises or has arisen in a place nuw nituate. within the territories of Pakistan;

, (Hi) the Court in wliich the suit is instituted is otherwise competent to try it; and

(iv) the suit doea not relate U> immovable property.

5. Validation of certain pending suits.—Any suit instituted by a displaced person after the 15th day of August, 1947, which if this Act had come into force on that day would haw heen validlv instituted in pursuance of section 4 shall, it pending at the commencement of this- Act, be deemed to have benn validly insti- tuted and be disposed of accordingly.

ErpiaiMiiioii.—For the purposes of this section a suit pending at the com- mencement of this Act includes a suit in respect of which an appeal lies or is pending at the connnencemeut of this Act.

6. Sefitoratlon of certain dismissed suits.—Where any suit instituted by a dis- placed person after the 15th day of August, 1947, and before the commencement of this Act, which if this Act had come into force on that day would have been validiy instituted in pursuance of seotion 4, had been dismissed solely on the ground that it hnd not been validly instituted, the Court sliu.ll. on cpplication made within one month from the com men cement of this Act, make an order setting aside the decree and shall proceed with the suit.

?. Restoration of suit wjiere appeal dismissed—Wiiefe, in any uppenl n, ising" from a suit institute! by a displaced person after the 15th day of August, 1917, and before the commencement of this Act, a decree had been pushed dismissing such appenl solely on the ground that the suit had not been vad'dly itiKli Luted and the institution of such suit would have been valid if section 4 had come into force on the aforesaid day, the. Appellate Court shall, on application" made to it within one month from the commencement of this Act, make an order setting aside its decree and remiind the sail to the Court of first instance for trw.1.

8. Extension of period of limitation.—.Notwithstanding anything contained in section 8 of the Indian Limitation Act, 1908 (IX of 1908), or any special or local law, any suit instituted in pursuance of section 4 of this Act may be ndmitted after the period of limitation prescribed therefor when the plaintiff satisfies the Court that he was unable to inbtitute-the suit within such period owing to cruses connected with his being a displaced person.

9. Repeal of Ordinance XVIII of 1&48.—(1) The Displaced Persons (Institu- tion of Sujta) Ordinance, 1948 (XVTTT of 1948) is hereby repealed.

(2) Notwithstanding such repeal,- any suit instituted or any action taken in exeroise.of any power conferred b\ or under the said Ordinance shall, be deemed fo have been instituted or taken in exercise of the powers conferred by or under this Act, as if this Act had commenced on the 21st day of July, 1948.

K. Y. BHANDARKAR,

Secy, to the Oovt. of India.