38. Liability of Government.—The Government shall be liable to make good all sums required to
discharge any liability which the Administrator-General, if he were a private administrator, would be
personally liable to discharge, except when the liability is one to which neither the Administrator-General
nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by
the exercise of reasonable diligence, have averted, and in either of those cases the Administrator-General
shall not, nor shall the Government, be subject to any liability.
39. Creditor’s suit against Administrator-General.—(1) If any suit be brought by a creditor against
any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that
not less than one month previous to the institution of the suit he had applied in writing to the
Administrator-General, stating the amount and other particulars of his claim, and had given such evidence
in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled
to require.
(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured
creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the
assets of the deceased equally and rateable with the other creditors.
40. Notice of suit not required in certain cases.—Nothing in section 80 of the Code of Civil
Procedure, 1908 (5 of 1908), shall apply to any suit against the Administrator-General in which no relief
is claimed against him personally.