The Indian Soldiers (Litigation) Act, 1925

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The Act may be called as “The Indian Soldiers (Litigation) Act, 1925″. Act shall come in force on 1st day of April, 1925. Act extends to whole India also to union territories of Pondicherry bur are also subject to certain change and alteration where such law reference is not in force and so its functionary, thus, such law and its functionary should be brought in force in state of Pondicherry. For the purpose of this act “Indian soldier means any person subject to Army Act, 1950, Air force Act, 1950, Navy Act, 1957”.

Act shall consider soldier to serve in special condition as and when require, like when he is or has been under war condition or overseas or any place out of India or within India as central government may notify to do so. When under war condition, any continuance of any hostilities declared by central government when in war or within six month thereafter serving out of India, serving with any unit which is for time being mobilised or when in overseas he is or has been serving in any place which is outside India the journey between India is ordinary undertaken whole or in part by sea.

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If any person brings any plaint, application or appeal to any court has reason to believe that any adverse party is an Indian soldier who is serving under any special condition, he shall state such fact in his plaint, application or appeal. If any collector come to know that such Indian soldier who is party to any proceeding before court resides or has any property in his jurisdiction or his district and such Indian soldier is unable to appear then collect can certify facts which are prescribe in manner. If any such fact is certified by collector in absence of Indian soldier then court may give notice to such absent soldier and shall suspend proceedings and give such notice to prescribe authority.

When any document is required to be signed by Indian solider who is party to any proceedings and such Indian soldier is on leave or any other case court will postpone the proceedings. If any of proceedings order passed against Indian soldier, it can be set aside if such Indian soldier against whom order is passed if such Indian soldier is serving for war or serving under special condition. If any our is in double mind or in doubt that an Indian soldier is at any point while serving under special condition or heard to be died wile serving in special condition then court has power to refer question prescribe authority and certificate served by such authority will be conclusive evidence on that point.

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by Samata. H. Joshi.