THE DECREES AND ORDERS VALIDATING ACT.1936
ACT No.5 OF 1936
[AS ON 1956]
An Act to remove certain doubts and to establish the validity of certain
proceedings in High Courts of Judicature {The words in the Provinces omitted by
the A.O.1950.Subs., ibid., for sub-section (2).}
[26th April, 1936.]
WHEREAS doubts have arisen as to the validity of certain proceedings in High
Courts of Judicature {The words "in the Provinces" omitted by the
A.O.1950.Subs., ibid., for sub-section (2).} under the Letters Patent erecting
and establishing those Courts;
AND WHEREAS it is expedient to terminate those doubts and to establish the
validity of those proceedings;
It is hereby enacted as follows:-
1.Short title and extent.- (1) This Act may be called the Decrees and Orders
Validating Act, 1936.
{Subs., ibid., for sub-section (2).} [(2) It extends to the whole of
2.Certain decrees and orders not be called in question.- No decree passed or
order made by the High Court of Judicature at Fort William in Bengal, the High
Court of Judicature at Madras or the High Court of Judicature at Bombay, in the
exercise of its ordinary original civil jurisdiction under clause 12 of its
Letters Patent, or by the High Court of Judicature at Rangoon, in the exercise
of its original civil jurisdiction under clause 10 of its Letters Patent, shall
be called in question in any proceedings before any other Court on the ground
that the High Court passing the decree or making the order had no jurisdiction
to pass or make the decree or order.
3.Restoration of proceedings.- Where in any proceedings concluded on or after
the 26th day of August, 1935, any such decree or order has been found to be
invalid on such ground by any Court, such finding shall be void and of no
effect; and the Court shall, notwithstanding anything to the contrary in the
Indian Limitation Act, 1908, 9 of 1908.or any other law for the time being in
force, on application made within six months from the Commencement of this Act
by any person prejudicially affected by such finding, restore the proceedings at
and continue the proceedings from the state reached immediately before the order
embodying or based on such finding was made.