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Report No. 96

19. Public Suits Validation Act, 1932 (4 of 1932)

By section 2 of the Public Suits Validation Act, 1932, it is provided that where a suit relating to any of the public matters specified in sections 91 and 92 of the Code of Civil Procedure, 1908 (these sections relate to suits regarding public nuisances and public trusts) is pending at the commencement of this Act, the institution of such a suit shall not be deemed to be invalidated on the ground that the previous sanction of the State Government in respect of such suit has not been obtained as required by section 93 of that Code. The subject-matter of the Act falls within Concurrent List, entry 13, "civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution.

Action to be taken.-Most suits of the nature to which the Act applies, i.e., Suits pending in 1932 (when the Act was enacted) would have been disposed of by now. However, one cannot assert with positive certainty that all such suits must have been disposed of by now. Hence the Act may continue on the statute book for the present.



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