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Report No. 19

39. Creditors' suit against Administrator-General.-

(1) If any suit be brought by a creditor against any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Administrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require.

(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid1 out of the assets of the deceased equally and rateably with the other creditors.

1. Cf. the amendment made by section 8 of the Administrator-General's Bengal Amendment) Act, 1940, (Bengal Act 11 of 1940).

[Section 40]

Administrator-Generals Act, 1913 Back

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