The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home
The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home
The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home
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Suites to<br />
imporve whole<br />
claim.<br />
63. (1) Every suit instituted before a Nyaya <strong>Panchayat</strong> shall include the whole of<br />
the claim which the plaintiff is entitled to make in respect of the matter in dispute,<br />
but he may relinquish any portion of his claim in order to bring the suit within the<br />
jurisdiction of the Nyaya <strong>Panchayat</strong>.<br />
(2) If the plaintiff omits to sue in respect of or relinquishes any portion of his<br />
claim, he shall not afterwards sue in respect of the portion so omitted or<br />
relinquished.<br />
Local limit of<br />
jurisdiction.<br />
64. No suit shall lie in a Nyaya <strong>Panchayat</strong> unless at least one of the defendants<br />
resides within the limits of its jurisdiction at the time of the institution of the suit, or<br />
the cause of action has arisen wholly or in part within those limits.<br />
How suites may<br />
be instituted.<br />
65. (1) A suit before a Nyaya <strong>Panchayat</strong> may be instituted by petition made<br />
orally or in writing to the Secretary of the Gram <strong>Panchayat</strong> or in his absence to a<br />
member of the Nyaya <strong>Panchayat</strong>. If the petition is made orally the Secretary or<br />
the member, as the case may be, shall draw, up a statement recording the name<br />
of the petitioner, the name of the person, against whom the petition is made, the<br />
nature of the claim and such other particulars, if any, as may be prescribed and<br />
the signature or the thumb impression of the petitioner shall be taken thereon.<br />
<strong>The</strong> Secretary or the member, as the case may be, shall thereafter direct the<br />
petitioner to appear before the Nyaya <strong>Panchayat</strong> on a particular date.<br />
(2) <strong>The</strong> plaintiff on instituting his suit shall state the value of the claim.<br />
Dismissal of<br />
suites barried<br />
by limition, etc.<br />
66. (1) If at any time the Nyaya <strong>Panchayat</strong> is of opinion that the suit is barred by<br />
limitation it shall dismiss the suit by an order in writing.<br />
(2) If at any time it appears to the Nyaya <strong>Panchayat</strong> that it has no jurisdiction to<br />
entertain the suit, it shall direct the petitioner to the Court having jurisdiction to try<br />
such suit.<br />
(3) Where it is proved to the satisfaction of the Nyaya <strong>Panchayat</strong> that a suit has<br />
been adjusted wholly or in part by any lawful agreement or compromise or where<br />
the defendant satisfies the plaintiff in respect of the whole or any part of the<br />
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