Updated: Saturday May 11, 2013/AsSabt
Rajab 02, 1434/Sanivara
Vaisakha 21, 1935, at 01:54:38 PM
The Soldiers’ (Litigation) Act,
1925
ACT No. IV OF 1925
26th FEBRUARY, 1925
An Act to consolidate and amend the law
to provide for the special protection in respect of civil and revenue
litigation of soldiers serving under special conditions.
WHEREAS it is expedient to consolidate
and amend the law to provide for the special protection in respect of civil and
revenue litigation of soldiers serving under special-conditions;
It is hereby enacted as follows:---
l. Short title, extent and
commencement. — (l)
This Act may be called the Soldiers’ (Litigation) Act, 1925.
(2) It extends to the whole of
(3) It shall come into force on
the first day of April, 1925.
2. Definitions. In this Act, unless there is anything
repugnant in the subject or context,---
(a) “Court” means a Civil or
(aa) “Northern Areas” means Gilgit
Agency including four Political Districts of Pun a1, Ashkoman, Gupis and Yasin,
Gilgit and Astore Sub-divisions,
(b) “soldier” means any person
subject to the Pakistan Army Act, 1952, or the Pakistan Air Force Act, 1953, or
the Pakistan Navy Ordinance, 1961.
(c) “prescribed” means prescribed
by rules made under this Act; and
(d) “proceeding” includes any
suit, appeal or application.
3. Circumstances in which a
soldier shall be deemed to be serving under special conditions. For the purposes of this Act, a
soldier shall be deemed to be or, as the case may be, to have been serving.
(a) under special conditions —when
he is or has been serving under war conditions, or overseas, or at any place in
Kashmir or the Northern Areas, or with any unit the headquarters of which are
situated at any place in Chitral, Waziristan, the North-West Frontier or
Baluchistan which is more than fifty miles distant by road from the nearest
railway station;
(b) under war conditions when he
is or has been, at any time during the continuance of any hostilities declared
by the Federal Government by notification in the official Gazette to constitute
a state of war for the purposes of this Act or at any time during a period of
six months thereafter,---
(i) serving out of
(ii) under orders to proceed on
field service,
(iii) serving with any unit which
is for the time being mobilised, or
(iv) serving under conditions
which, in the opinion of the prescribed authority, preclude him from obtaining
leave of absence to enable him to attend a Court as a party to any proceeding,
or when he is or has been at any other time serving under conditions service
under which has been declared by the Federal Government by notification in the
official Gazette to be service under war conditions;
(c) overseas; and
(d) when he is or has been serving
in any place outside
Explanation. — For the purposes of this section
and with effect from the 3rd day of September, 1939, a soldier who
is or has been a prisoner of war shall be deemed to be or to have been serving
under war conditions.
4. Particulars to be furnished in
plaints, applications or appeals to Court. If any person presenting any plaint, application or
appeal to any Court has reason to believe that any adverse party is a soldier
who is serving under special conditions, he shall state the fact in his plaint,
application or appeal.
5. Power of collector to intervene
in case of underrepresented soldier. If any Collector has reason to believe that any soldier,
who ordinarily reside; or has property in his district and who is a party to
any proceeding pending before any Court, is unable to appear therein, the
Collector may certify the facts in the prescribed manner to the Court.
6. Notice to be given in case of
unrepresented soldier. (1) if a Collector has certified under section 5, or if the Court has
reason to believe, that a soldier, who is a party to any proceeding pending
before it, is unable to appear therein, and if the soldier is not represented
by any person duly authorised to appear, plead or act on his behalf, the Court
shall suspend the proceeding and shall give notice thereof in the prescribed
manner to the prescribed authority:---
Provided that the Court may refrain
from suspending the proceeding and issuing the notice if,---
(a) the proceeding is a suit,
appeal or application instituted or made by the soldier, alone or conjointly
with others with the object of enforcing a right of preemption, or
(b) the interests of the soldier
in the proceeding are, in the opinion of the Court, either identical with those
of any other party to the proceeding and adequately represented by such other
party or merely of a formal nature.
(2) If it appears to the Court
before which any proceeding is pending that a soldier though not a party to the
proceeding is materially concerned in the outcome of the proceeding, and that
his interests are likely to be prejudiced by his inability to attend, the Court
may suspend the proceeding and shall give notice there*of in the prescribed
manner to the prescribed authority.
7. Postponement of proceedings. If, on receipt of a notice under
section 6, the prescribed authority certifies in the prescribed manner to the
Court in which the proceeding is pending that the soldier in respect of whom
the notice was given is serving under special conditions, and that a
postponement of the proceeding in respect of the soldier is necessary in the
interests of justice, the Court shall thereupon postpone the proceeding in
respect of the soldier for the prescribed period, or, if no period has been
prescribed, for such period as it thinks fit.
8. Court may proceed when no
certificate received. If, after issue of a notice under section 6, the prescribed authority
either certifies that the soldier is not serving under special conditions or
that such postponement is not necessary, or fails to certify, in the case of a
soldier resident in the district in which the Court is situate, within two
months or, in any other case, within three months from the date of the issue of
the notice that such postponement is necessary, the Court may, if it thinks
fit, continue the proceeding.
9. Postponement of proceedings
against soldier on leave. When any document purporting to be signed by the Commanding Officer of
a soldier who is a party to any proceeding is produced by or on behalf of the
soldier before the Court in which the proceeding is pending and is to the
effect that the soldier,---
(a) is on leave of absence for a
period not exceeding two months, and is on the expiration of his leave to proceed
on service under special conditions, or
(b) is on sick leave for a period
not exceeding three months, and is on the expiration of his leave to rejoin his
unit with a view to proceeding on service under special conditions, the
proceeding in respect of such soldier may, in any case such as is referred to
in the proviso to sub-section (1) of section 6 and shall, in any other case, be
postponed in the manner provided in section 7.
10. Power to set aside decrees and
orders passed against a soldier serving under war or special conditions. — (1) In any proceeding before a
Court in which a decree or order has been passed against any soldier whilst he
was serving under any special conditions, the soldier for, if he is dead, his
legal representative may apply to the Court which passed the decree or order
for an order to set aside the same, and, if the Court, after giving an
opportunity to the opposite party of being heard, is satisfied that the interests
of justice require that the decree or order should be set aside as against the
soldier, the Court shall, subject to such conditions, if any, as it thinks fit
to impose, make an order accordingly.
(2) The period of limitation for
an application under sub-section (1) shall be ninety days from the date of the
decree or order, or, where the summons or notice was not duly served on the
soldier in the proceeding in which the decree or order was passed, from the
date on which the applicant had knowledge of the decree or order; and the
provisions of section 5 of the Limitation Act, 1908, shall apply to such
applications.
(3) When the decree or order in
respect of which an application under sub-section (1) is made is of such a
nature that it can” not be set aside as against the soldier only, it may be set
aside as against all or any of the parties against whom it has been made.
(4) Where a Court sets aside a
decree or order under this section, it shall appoint a day for proceeding with
the suit, appeal or application, as the case may be.
11. Modification of law of
limitation where soldier or his legal representative is a party. In computing the period of
limitation prescribed by sub-section (2) of section 10 of this Act. the
Limitation Act, 1908 or any other law for the time being in force, for any
suit, appeal or application to a Court, any party to which is or has been a
soldier, or is the legal representative of a soldier, the period during which
the solider has been serving under any special conditions, and, if the solider
has died while so serving, the period from the date of his death to the date on
which official intimation thereof was sent to his next-of-kin by the
authorities in Pakistan, shall be excluded:---
Provided that this section shall
not apply in the case of any suit, appeal or application instituted or made
with the object of enforcing a right of preemption except where the said right
accrues in such circumstances, and is in respect of agricultural. land and
village immoveable property situated in any such area, as the Federal
Government may, by notification in the official Gazette, specify in this
behalf.
12. Power of court to refer
questions to prescribed authorities. If any Court is in doubt whether, for the purposes of
section 10 or section 11, a soldier is or was at any particular time serving
under special conditions, or has died while so serving or as to the date of
such death or as to the date on which official intimation of such death was
sent to his next-of-kin by the authorities in Pakistan, the Court may refer the
point for the decision of the prescribed authority, and the certificate of that
authority shall be conclusive evidence on the point.
13. Rule making power. The Federal Government after
consulting the High Court concerned, may, by notification in the official
Gazette, make rules to provide for all or any of the following matters, namely,---
(a) the manner and form in which
any notice or certificate under this Act shall be given;
(b) the period for which
proceedings or any class of proceedings shall be postponed under section 7;
(c) the persons who shall be the
prescribed authorities for the purposes of this Act;
(d) any other matter which is to
be or may be prescribed; and
(e) generally, any matters incidental
to the purposes of this Act.
14, Power to apply the provisions
of the Act to other persons in the service of the state. — (l) As respects (he Provincial
Public Services the Provincial Government, and in other cases, the Federal
Government may, by notification in the official Gazette, direct that all or any
of the provision of this Act. shall apply to any other class of persons in the
service of the State specified in such notification in the same manner as they
apply to soldiers.
(2) Where, under this section, the
Provincial Government has directed that all or any of the provisions of this
Act shall apply to any class of persons in the service of the State, the powers
vested in the Federal Government by section 3 and section 13 shall be exercised
in respect of that class of persons by the Provincial Government.
14A. Power to apply the provisions of
the Act to members of State Forces. Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
15. Repeal of Acts IX of 1918 and XII
of 1924. Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Sch.
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