CHAPTER XI

Proceeding in Tribunal

 


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.

 
 
 
 

 

 

 

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