Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions

In force From 01 Apr 1925 Act 4 of 1925 As on 20 Oct 2026

Act 4 of 1925 Ministry Defence Enacted 26 Feb 1925 In force 01 Apr 1925 Cited by 2 provisions

Section 10 of the Indian Soldiers (Litigation) Act, 1925 deals with power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions. In any proceeding before a Court in which a decree or order has been passed against any Indian soldier whilst he was serving under any special conditions, the soldier [or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the s The Act came into force on 01 Apr 1925.

(1) In any proceeding before a Court in which a decree or order has been passed against any Indian soldier ¹*** whilst he was serving under any special conditions, the soldier ²[or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly.
³[(2) The period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908) shall apply to such applications.]
(3) When the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any of the parties against whom it has been made.
(4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be.
Section 10, The Indian Soldiers (Litigation) Act, 1925 (Act 4 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 2

Questions about Section 10

What does Section 10 of the Indian Soldiers (Litigation) Act deal with?

Section 10 of the Indian Soldiers (Litigation) Act is headed "Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions". In any proceeding before a Court in which a decree or order has been passed against any Indian soldier whilst he was serving under any special conditions, the soldier [or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the s

How do I find court cases under Section 10 of the Indian Soldiers (Litigation) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Soldiers (Litigation) Act 10, section 10 Indian Soldiers (Litigation) Act, section 10 of the Indian Soldiers (Litigation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 10 of the Indian Soldiers (Litigation) Act, and has it changed?

2 other provisions in this corpus refer back to it.

When did Section 10 of the Indian Soldiers (Litigation) Act come into force?

Section 10 of the Indian Soldiers (Litigation) Act, cited as Indian Soldiers (Litigation) Act 10, came into force on 01 Apr 1925, having been enacted on 26 Feb 1925. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.