State Act

78

Section 78. Suits pending in Courts

THE ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

Act no. 11 of 19521952In forceOdisha (State Act)

78. Suits pending in Courts :– (1) Notwithstanding anything in any other law for the time being in force all suits instituted under the provisions of the Odisha Hindu Religious Endowments Act, 1939 (Odisha Act IV of 1939) and pending on the date of commencement of this Act shall stand transferred to the Courts of the Sub-ordinate Judges having jurisdiction and be heard by them : Provided that– (a) while trying a suit any one or more suits relating to the same Religious institution may be heard together. (b) an appeal shall lie to the High Court against the decision of the Sub-ordinate Judge irrespective of the value of such suits; Provided further that the operation of the order of 1[the Commissioner] under Sub-Section (1) of Section 64 of the Odisha Hindu Religious Endowments Act, 1939 (Odisha Act IV of 1939) shall not be stayed pending the disposal of such suit. (2) All proceedings other than suits which have been stayed in pursuance of the Odisha Hindu Religious Endowments (Amendment) Act, 1947 (Odisha Act XXXI of 1947) and pending on the date of the commencement of this Act shall be proceeded with in the Courts where they are so pending.