Section 5:
Suits and appeals during management.
So long as the appointment of the Manager
continues—
(1) in every suit or appeal to which 2*** 3
[* * * the State of 1
[West Bengal] in
possession is a party the Manager shall be named as 4[its representative] for the purpose of such suit
or appeal;
(2) in every pending suit or appeal concerning the properties under management 5
[the State of
6
[West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shall
be named as the representative of 5
[the State of 6
[West Bengal]] in possession for the purpose of the
suit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of
5
[the State of 6
[West Bengal]] in possession except by the Manager;
(3) the Court upon application by the Manager or by any party to the suit may order that the plaint or
memorandum of appeal be amended so as to conform with the requirements of clause (1) or that the
Manager be named as the representative of the 7
[State of West Bengal] in possession as required by clause
clause (2) of this section.
Notes:
1. Subs. by the A.O. 1948, for "Bengal".
2. The words "the Secretary of State or" omitted, ibid., s.9.
3. Ins. by the A.O. 1937.
4. Subs. by the A.O. 1948, for "his representative".
5. Subs. by the A.O. 1937, for "the Secretary of State".
6. Subs. by the A.O. 1948, for "Bengal".
7. Subs., ibid., for "Secretary of State".