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Judgment
Byers, J.—The Court had no jurisdiction to order a stay u/s 6(2) of the Indian Soldiers'' Litigation Act. It is clear from the wording of this
section that the powers of the Court are limited to suspending the proceedings, after which it must give notice in the prescribed manner to the
prescribed authority and then proceed u/s 7 of the Act, under which it is necessary before ordering a stay to find that the soldier is serving under
special conditions, and that a postponement is necessary in the interests of justice. Stay of proceedings does not automatically follow merely on
receipt of a notice from the Collector u/s 6(1) of the Act.
In the result, the revision is accepted the order of the lower Court is set aside, and the matter is remanded for fresh disposal in accordance with
the provisions of the Act, the costs being costs in the cause.