Section 32
Reference of Government suits.
The Bombay Civil Courts Act, 1869
About this Act
An Act to consolidate and amend the law relating to the District and Subordinate Civil Courts in the Presidency of Bombay.
1[No Subordinate Judge or Court of Small Causes shall
receive or register a suit in which the Government or any officer of Government in his official capacity is
a party, but in every such case such Judge or Court shall refer the plaintiff to the District Judge, in whose
Court alone (subject to the provisions of section nineteen) such suit shall be instituted.]
2 [Provided that nothing in this section shall be deemed to apply to any suit merely because—
(a) a municipal corporation constituted under Bombay Act No. 6 of 1873, or any other enactment for the time being in force, is a party to such suit and an officer of Government is in his official capacity a member of such corporation, or
(b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph, 3 *** a party to such suit.]
2 [Provided that nothing in this section shall be deemed to apply to any suit merely because—
(a) a municipal corporation constituted under Bombay Act No. 6 of 1873, or any other enactment for the time being in force, is a party to such suit and an officer of Government is in his official capacity a member of such corporation, or
(b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph, 3 *** a party to such suit.]
Notes
1. Subs. by Act 10 of 1876, s. 15, for certain words (w.e.f. 28-3-1876).
2. Added by Act 15 of 1880, s. 3 (w.e.f. 3-11-1880).
3. Certain words rep. by Act 12 of 1891, s. 2 and the First Schedule, Part I (w.e.f. 21-3-1891).
2. Added by Act 15 of 1880, s. 3 (w.e.f. 3-11-1880).
3. Certain words rep. by Act 12 of 1891, s. 2 and the First Schedule, Part I (w.e.f. 21-3-1891).