CANTONMENTS ACT, 1924 (ACT II OF 1924)

 

CANTONMENTS
ACT, 1924 (ACT II OF 1924)

 

Sections—2(XXa)
280 and 281

Whether
Deputy Commissioner is competent to sign and verify the written statement in a
suit against the Government represented by the Military Estate
Officer—Government by notification dated 14th December, 1985 authorised
Military Estate Officer to sign and verify the plaint or written statement in a
suit by or against the Government in respect of Military Lands and Cantonment
service—The suit relates to a premises in the Cantonment Area, and as such, the
Military Estate Officer is the person who has been specifically appointed to
sign and verify a plaint or written statement on behalf of the Government in
the ‘Ministry of Defence’—Code of Civil Procedure (V of 1908) Or. XXVII Rules I
and 2— The Military Land Manual, R—1O in Appendix—C.

The
Military Estate Officer, in view of the statutory provisions, is the only
person authorised to sign and verify a written statement on behalf of the
Government and the Deputy Commissioner got no locus standi to sign and verify
any written statement—The impugned written statements signed and verified by
him are not written statements in the eye of law—The view taken by the High
Court Division is erroneous.

Moqsod Alam
Vs. The People’s Republic of Bangladesh, represented by the Military Estate
Officer, Dhaka Canton-nient, Ministry of Defence and others; 7 BLD (AD) 62.

 

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