Manager or Collector to be next friend or guardian in suits by or against ward
51. In every suit brought by or against any ward he shall be therein described as a ward of Court; and the manager of such ward's property, or, if there is no manager, the Collector of the district in which the greater part of such property is situated, or any other Collector whom the Court of Wards may appoint in that behalf, shall be named as next friend or guardian for the suit, and shall in such suit represent such ward; and no other person shall be ordered to sue or be sued as next friend or be named as guardian for the suit by any Civil Court in which such suit may be pending.
Power of Court of Wards to nominate another person to be next friend or guardian for suit
52. The Court of Wards may, by an order, nominate or substitute any other person to be next friend or guardian for any such suit; and, upon receiving a copy of any such order of substitution, the Civil Court in which such suit is pending shall substitute the name of the next friend or guardian for suit so appointed for the name of the manager or Collector.
Payment of costs
53. If in any such suit any Civil Court shall decree any costs against the next friend or guardian for the suit of the wards, the Court of Wards shall cause such costs to be paid out of any property of the ward which for the time being may be in its hands.
Service of process against wards
54. Every process which may be issued out of any Civil Court against any ward shall be served, through the Collector, upon the next friend or guardian for the suit as aforesaid of such ward.
Suits not to be brought on behalf of wards unless authorized by the Court of Wards
55. No suit shall be brought on behalf of any ward by a manager, unless the same be authorized by some order of the Court:
Provided that a manager may authorize a plaint to be filed in order to prevent a suit from being barred by the law of limitation; but such suit shall not be after-wards proceeded with except under the sanction of the Court:
Provided also that suits for arrears of rent may be brought on behalf of any ward if authorized by an order of the manager of the landed property on which such rents are due.
Indemnity
1[55A. No decree or order shall be made by a Civil Court against any person for anything done, honestly and with due diligence under this Act.]
[Repealed]
56. [Repealed by section 3 of Bengal Court of Wards (Amendment) Act, 1941 (Act No. IX of 1941).]
1
Section 55A was inserted by section 16 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)
