The Indian Soldiers (Litigation) Act, 1925

(1) This Act may be called the Indian Soldiers(Litigation) Act, 1925. 1[(2) It extends to the whole of India 2***.] (3) It shall come into force on the first day of April, 1925.

In this Act, unless there is anything repugnant in the subject or context,-- 1[(a) "Court" means a Court other than a Criminal Court and includes any such tribunal or otherauthority as may be specified by the Central Government by notification in the Official Gazette beinga tribunal or authority which is empowered by law to receive evidence on any matter pending beforeit and on the basis of such evidence to determine, after hearing the parties before it, the rights andobligations of the parties in relation to such matter;] (b)" Indian soldier" means any person subject to 2[the Army Act, 1950 (46 of 1950), or the AirForce Act, 1950 (45 of 1950)] 3[, or the Navy Act, 1957 (62 of 1957)]; (c) "prescribed" means prescribed by rules made under this Act; and (d) "proceeding" includes any suit, appeal or application; 3[(e) any reference to a decree or order of a Court shall be deemed to include a reference to ajudgment, determination or award of a Court.]

For the purposes of this. Act, an Indian soldier shall be deemed to be or, as the case may be,to have been serving-- (a) under special conditions--when he is or has been serving under war conditions, or overseas,or at any place 1[beyond India] 2[or at any such place within India as may be specified by the CentralGovernment by notification in the Official Gazette]; (b) under war conditions--when he is or has been, at any time during the continuance of anyhostilities declared by the Central Government by notification in the Official Gazette to constitute astate of war for the purposes of this Act or at any time during a period of six months thereafter--, (i) serving out of India, (ii) under orders to proceed on field service, (iii) serving with any unit which is for the time being mobilised, or (iv) serving under conditions which, in the opinion of the prescribed authority, preclude himfrom obtaining leave of absence to enable him to attend a Court as a party to any proceeding, orwhen he is or has been at any other time serving under conditions service under which has beendeclared by the Central Government by notification in the Official Gazette to be service underwar conditions; and 3[(c) overseas--when he is or has been serving in any place outside India (other than Ceylon) thejourney between which and 4[India] is ordinarily undertaken wholly or in part by sea. 5[Explanation.--For the purposes of this section and with effect from the 3rd day of September, 1939,1939, a soldier who is or has been a prisoner of war shall be deemed to be or to have been serving underwar conditions.]

If any personpresenting any plaint, application or appeal to any Court has reason to believe that any adverse party is anIndian soldier who is serving under special conditions, he shall state the fact in his plaint, application orappeal.

If any Collector hasreason to believe that any Indian soldier, who ordinarily resides or has property in his district and who is aparty to any proceeding pending before any Court, is unable to appear therein, the Collector may certifythe facts in the prescribed manner to the Court.