THE DECREES AND ORDERS VALIDATING ACT, 1936

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The Decrees and Orders Validating Act, 1936 was formulated on April 26, 1936 to clear some doubts and affirm the legality of some High Court proceedings. Some uncertainty was put forward regarding the validity of High Court proceedings according to Letters Patent construction and constitution of those Courts. It is also essential to make answer to such uncertainties and affirm the legal sanctity of the Court proceedings. The provisions of the enactment is applicable to the entire Indian Territory excluding those parts which were coming under and listed in Part B States prior to November 1, 1956.

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The Act specifically states under Section 2 that some decrees as well as order of the Courts shall not be questioned before any authority. Accordingly, the decree which is passed or the orders issued by the Bengal High Court, Madras High Court and Bombay High Court acting under the ordinary civil jurisdiction as per the Letters Patent or the Rangoon High Court while performing its original jurisdiction according to the Letters Patent shall not be questioned before any authority including Court for the reason that the High Court which issued the decree or granted the order did not have the authority to issue such decree or pass the order. Moreover, Section 3 of the Act gives provision for the reinstatement of proceedings of the Court. In accordance with that, if any proceedings which were reached on or subsequent to August 26, 1935 and the decree passed or order granted has said to be unacceptable or the reason for which such conclusion was reached cannot be justified, such conclusion shall be invalidated. In such case, the Court shall reinstate the proceedings and carry on the process in the manner specified under the enactment. But while acting so, the Court shall give due consideration to the Indian Limitation Act, 1908. An application should be filed within a period of 6 months by a person who is prejudicially impinged on by the conclusion of the court proceedings.