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96. Presentation of Proceedings.-
(1) All suits, petitions, appeals and other
proceeding shall be presented in person by the party
or his advocate.
(2) Every suit, petition, appeal or application
shall be accompanied by as many clear authenticated
copies thereof as there defendants/respondents to be
served and by an additional copy for the use of the
Tribunal and by such papers as are referred to in
the suit, appeal, petition or application.
97. Provisions of the code of Civil Procedure,
Civil Rules of Practice and the Criminal Procedure
Code to apply.- Save otherwise provided in these
rules, the provisions of the Code of Civil
procedure, 1908, of the Civil Rules of Practice,of
the Codeof Criminal Procedure Code,1973,as the case
may be, shall apply to the proceedings before the
Tribunal.
98. Papers send by Post.-Unless the Tribunal
otherwise orders, no document required to be
presented or filed into court which is sent by post
or by telegram shall be received or filed into
Tribunal.
99. Office hours.-
(1) The Office of Tribunal shall be open for the
transaction of business from 10 a.m. to 3.30 p.m. on
all days except Sundays and holidays. On Saturdays
the office shall be closed for money transaction at
1.30 p.m.
(2) An urgent matter may, however be transacted
after 3.30 p.m. with the permission of the Tribunal.
100. Form of proceeding.- All suits,
petitions, affidavits, memoranda of appeal,
application and other proceedings presented to the
Tribunal, shall be written in blue black ink, or
typewritten or printed,fairly and legibly on stamp
paper or on substantial white foolscap folio paper
with an outer margin of about 4 cm. and inner margin
of about 1.5 cm and separate sheets shall be
stitched together bookwise. Numbers shall be
expressed in figures. Except in the case of suits,
main petitions or memoranda of appeal, the writing
or printing may be on both sides of the paper:
Provided, however, that the last sheet shall, in all
cases, be written or printed on the inner page only.
101. Date stamping of papers.- All papers
presented in Tribunal shall be date stamped
immediately they are received.
102. Summons to Defendant/Respondent.- In all
matters the form of summons to appear and answer
shall be the Form of summons prescribed in the Code
of Civil Procedure Code with such variations as the
circumstances of the case may require.
103. Name and Address of the party to be stated
in every process.- The name and address of the
party shall be stated in every summons, witness
summons, intirim application notice and every
process of the Tribunal issued at the instance of
such party.
104. Mode of service of summons.-
(1) Summons together with a copy of the petition,
suit, appeal or application and annexures, if any,
shall be served in the manner prescribed in the Code
of Civil Procedure, 1908.
(2) Unless the Tribunal shall otherwise order the
service of a summons to appear and answer shall be
proved by evidence showing that the summons was
served in the manner provided by the Code of Civil
Procedure, 1908.
105. Substituted service.- Application for
substituted service of the summons shall be governed
by the corresponding provisions in the Code of Civil
Procedure, 1908.
106. Dismissal of suits, appeal etc. if summons
not served within six months.- If on account of
the default of the petitioner, the summons is not
served within six months from the date filing the
suit, appeal, application or petition, as the case
may be, the Tribunal shall, unless good cause is
shown, dismiss the suit, appeal, application or
petition. Such dismissal shall be notified on the
notice Board of the Tribunal.
107. Place of sitting of the Tribunal.-
(1) A Tribunal shall ordinarily hold its sitting at
the place where it is located or at such place as
the High Court may specify from time to time by an
order in that regard.
(2) Notwithstanding anything contained in sub-rule
(1), if, any particular case, the Tribunal is of the
opinion that it will laid to the general convenience
of the parties or of the witnesses or for any other
purpose to hold sitting at a place other than its
ordinary place of sitting but within its limits of
territorial jurisdiction the tribunal may do so, for
reasons to be recorded in writing and, with notice
to the parties and to such other persons as the
Tribunal may consider necessary. The Tribunal shall
intimate the High Court about such sitting, soon
after a decision is taken in that behalf.
108. Record of oral evidence.- In suits or
proceeding before the Tribunal, it shall not be
necessary to record the evidence of witness at
length, but the Tribunal, as the examination of each
witness proceeds, shall record or cause to be
recorded, a memorandum of the substance of what that
witness depose, and such memorandum shall be signed
by the witness and the Tribunal and shall form part
of the record.
109. Evidence of formal character on affidavit.-
(1) The evidence of any person where such evidence
is of a formal character, may be given by affidavit
and may, subject to all just exception, be read in
evidence in any suit or proceeding before the
Tribunal.
(2) The Tribunal may, if it thinks fit, and shall,
on the application of any of the parties to the suit
or other proceedings summon and examine any such
person as to the facts contained in his affidavit.
110. Judgments or Orders of Tribunal.-
Judgment or Order of a Tribunal shall contain a
Concise statement of the case, the point for
determination, the decision thereon and the Reason
for such decision.
111. Costs.- The costs of and incident to all
proceedings before the Tribunal shall be in the
discretion of the Tribunal which shall have full
power to determine by whom or out of what property
and to what extent such costs are to be paid and to
give all necessary directions for the purpose.
112. Impleading of legal representative.- The
Provisions of section 146 and Order XXII of the code
of Civil procedure, 1908 (Central Act 5 of 1908),
shall as far as possible, be applicable to the
proceedings before the Tribunal:
Provided, that all suits or other proceeding by or
against a Mutawalli in granting time for
impleading the legal heir of Mutawalli the time
taken for appointment of the successor
mutawalli shall be excluded. |
