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Report No. 248

46. Public Suits Validation Act, Act 11 of 1932

Category: Civil Procedure

Recommendation: Repeal

This Act was enacted to validate certain suits relating to public matters instituted under Sections 91 and 92 of the Code of Civil Procedure, 1908 which were pending in 1932, and where the previous sanction of the State Government had not been obtained.

These suits dealt with public nuisance and public trusts. This Act was recommended for repeal by the PC Jain Commission Report in its Appendix A-5. Given that more than eighty years have passed since the suits governed by this Act was filed, this Act may be repealed with a suitable savings clause that ensures pending proceedings, if any, are unaffected by the repeal.



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