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The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I Of 1962 )

Chapter IX

JUDICIAL PROCEEDINGS

Notice of suits, etc., to be given to the Administrator
81. (1) In every suit or proceeding in respect of any waqf property, or of a mutawalli as such, except a suit or proceeding for the recovery of rent by or on behalf of a mutawalli, the Court in which, or the Deputy Commissioner or other authority before whom, such suit or proceeding is instituted, shall issue notice to the Administrator along with a copy of the plaint or application, as the case may be, at the cost of the party instituting such suit or proceeding.
 
 
 
 
(2) Before any waqf property is notified for sale in execution of a decree or order for the recovery of any dues other than a public demand under the 1[* * *] Public Demands Recovery Act, 1913, notice shall be given to the Administrator by the Court or other authority concerned under whose decree or order the sale is notified.
 
 
 
 
(3) In the absence of a notice under sub section (1) any decree or order passed in the suit or proceeding shall be declared void irrespective of the description of the property as waqf property or otherwise in such suit or proceeding, if the Administrator, within four months of his coming to know of such suit or proceeding, applies in this behalf to the Court, Deputy Commissioner or other Authority concerned.
 
 
 
 
(4) In the absence of a notice under sub section (2) the sale shall be declared void, irrespective of the description of the property as waqf property or otherwise in the proceedings for sale, if the Administrator, within four months of his coming to know of the sale, applies in this behalf to the Court or other authority under whose order the sale was held.

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