The Soldiers (Litigation) Act, 1925

¹An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of soldiers serving under special conditions. WHEREAS it is expedient to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of soldiers serving under special conditions; It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(1) This Act may be called the Soldiers (Litigation) Act, 1925.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force on the first day of April, 1925.

Section 2. Definition

In this Act, unless there is anything repugnant in the subject or context,-

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Section 3. Circumstances in which a soldier shall be deemed to be serving under special conditions

For the purposes of this Act, a soldier shall be deemed to be or, as the case may be, to have been serving-

⁴(a) under special conditions-when he is or has been serving under war conditions or overseas, or with any unit the headquarters of which are situated at any place which is more than fifty miles distant by road from the nearest railway station;

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Section 4. Particulars to be furnished in plaints, applications or appeals to court

If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a soldier who is serving under special conditions, he shall state the fact in his plaint, application or appeal.

Section 5. Power of Collector to intervence in case of unrepresented soldier

If any Collector has reason to believe that any soldier, who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein, the Collector may certify the facts in the prescribed manner to the Court.

Section 6. Notice to be given in case of unrepresented soldier

(1) If a Collector has certified under section 5, or if the Court has reason to believe, that a soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority:

Provided that the Court may refrain from suspending the proceeding and issuing the notice if-

(2) If it appears to the Court before which any proceeding is pending that a soldier though not a party to the proceeding is materially concerned in the outcome of the proceeding, and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority.

Section 7. Postponement of proceedings

If, on receipt of a notice under section 6, the prescribed authority certifies in the prescribed manner to the Court in which the proceeding is pending that the soldier in respect of whom the notice was given is serving under special conditions, and that a postponement of the proceeding in respect of the soldier is necessary in the interests of justice, the Court shall thereupon postpone the proceeding in respect of the soldier for the prescribed period, or, if no period has been prescribed, for such period as it thinks fit.

Section 8. Court may proceed when no certificate received

If, after issue of a notice under section 6, the prescribed authority either certifies that the soldier is not serving under special conditions or that such postponement is not necessary, or fails to certify, in the case of a soldier resident in the district in which the Court is situate, within two months or, in any other case, within three months from the date of the issue of the notice that such postponement is necessary, the Court may, if it thinks fit, continue the proceeding.

Section 9. Postponement of proceedings against soldier on leave

When any document purporting to be signed by the Commanding Officer of a soldier who is a party to any proceeding is produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to the effect that the soldier-

the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to sub-section (1) of section 6 and shall, in any other case, be postponed in the manner provided in section 7.

Section 10. Power to set aside decrees and orders passed against a soldier serving under war or special conditions

(1) In any proceeding before a Court in which a decree or order has been passed against any soldier whilst he was serving under any special conditions, the soldier or, if he is dead, his legal representative may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly.

(2) The period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 or the Limitation Act, 1908, shall apply to such applications.

(3) When the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any of the parties against whom it has been made.

(4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be.

Section 11. Modification of law of limitation where soldier or his legal representative is a party

In computing the period of limitation prescribed by sub-section (2) of section 10 of this Act, the Limitation Act, 1908 or any other law for the time being in force, for any suit, appeal or application to a Court, any party to which is or has been a soldier, or is the legal representative of a soldier, the period during which the soldier has been serving under any special conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his next-of-kin by the authorities in Bangladesh, shall be excluded:

Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area, as the Government may, by notification in the official Gazette, specify in this behalf.

Section 12. Power of Court to refer questions to prescribed authorities

If any Court is in doubt whether, for the purposes of section 10 or section 11, a soldier is or was at any particular time serving under special conditions, or has died while so serving or as to the date of such death or as to the date on which official intimation of such death was sent to his next-of-kin by the authorities in Bangladesh, the Court may refer the point for the decision of the prescribed authority, and the certificate of that authority shall be conclusive evidence on the point.

Section 13. Rule-making power

The Government after consulting the ⁷Supreme Court may, by notification in the official Gazette, make rules to provide for all or any of the following matters, namely-

Section 14. Power to apply the provisions of the Act to other person in the service of the Republic

(1) ⁸The Government may, by notification in the official Gazette, direct that all or any of the provisions of this Act, shall apply to any other class of persons in the service of the ⁹Republic specified in such notification in the same manner as they apply to soldiers.

(2) [Omitted by section 3 and 2nd Schedule of the by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

Section 14A. [Omitted]

[Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

Section 15. [Repealed]

[Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).]