Section 16
Privileges of Government in suits in which it is concerned.
The Bombay Revenue Jurisdiction Act, 1876
About this Act
An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters relating to the Land-revenue, and for other purposes.
Privileges of 1[Government] 2*** in suits in which it is concerned.--Whenever any suit is brought in any District Court 3[against the 1[Government]] 2*** or against any Revenue officer, 4[and the
1[Government] 2*** undertakes] the defence thereof, it shall be lawful 5[for the 6[State] Government], by
certificate signed by a Secretary thereto, to require--
(a) that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to an Assistant Judge; and
(b) that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in such Court;
and the Court shall give effect to every such requirement.
The privilege conferred 7[on Government] by the clause (b) of this section shall, mutatis mutandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section.
(a) that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to an Assistant Judge; and
(b) that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in such Court;
and the Court shall give effect to every such requirement.
The privilege conferred 7[on Government] by the clause (b) of this section shall, mutatis mutandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section.
Notes
1. Subs. by ibid., for "Crown".
2. The words "or the Federal Railway Authority" were omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
3. Subs. by the Adaptation of Indian Laws Order in Council, for "against the Crown or he Federal Railway Authority".
4. Subs. by ibid., for "and the Crown or the Federal Railway Authority undertakes".
5. Subs. by ibid, for "for the Provincial Government".
6. Subs. by the Adaptation of Laws Order, 1950, for "Provincial".
7. Subs. by ibid., for "on the Provincial Government".
2. The words "or the Federal Railway Authority" were omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
3. Subs. by the Adaptation of Indian Laws Order in Council, for "against the Crown or he Federal Railway Authority".
4. Subs. by ibid., for "and the Crown or the Federal Railway Authority undertakes".
5. Subs. by ibid, for "for the Provincial Government".
6. Subs. by the Adaptation of Laws Order, 1950, for "Provincial".
7. Subs. by ibid., for "on the Provincial Government".