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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subject matter of the suit, the Nyaya <strong>Panchayat</strong> shall pass a decree in<br />
accordance therewith so far as it relates to the suit:<br />
Provided that where the Nyaya <strong>Panchayat</strong> refuses to pass a decree in<br />
accordance with the agreement or compromise, it shall record its reasons in<br />
writing for so doing.<br />
67. If in any suit before a Nyaya <strong>Panchayat</strong> the plaintiff fails to default appear on<br />
the day fixed, or if in the opinion of the Nyaya <strong>Panchayat</strong>, he shows negligence in<br />
prosecuting his suit, it may dismiss the suit for default:<br />
Provided that a Nyaya <strong>Panchayat</strong> may restore a suit dismissed for default, if<br />
within thirty days from the date of such dismissal the plaintiff satisfies the Nyaya<br />
<strong>Panchayat</strong> that he was prevented by sufficient cause from appearing at the time<br />
when the suit was called on for hearing.<br />
Dismissal of<br />
suties for<br />
default.<br />
69. If on receiving the plaint the Nyaya <strong>Panchayat</strong> is satisfied that the trial of the<br />
suit may be proceeded with it shall, by summons, require the defendant to<br />
appear and answer the suit either orally or in writing.<br />
Summons to<br />
defendant to<br />
appear.<br />
69. If the defendant fails to appear and the Nyaya <strong>Panchayat</strong> is satisfied that the<br />
summons was duly served it may decide the suit ex parte:<br />
Provided that any defendant against whom a suit has been decided ex parte<br />
may, within thirty days from the date of executing any process for enforcement of<br />
the decision, apply, orally or in writing, to the Nyaya <strong>Panchayat</strong> to set aside the<br />
order; and the Nyaya <strong>Panchayat</strong>, if satisfied that the summons was not duly<br />
served on the defendant, or that the defendant was prevented from appearing at<br />
the time when the suit was called on for hearing by any sufficient cause, shall set<br />
aside the decision and shall appoint a day for proceeding with the suit.<br />
Ex parte<br />
decision.<br />
70. No decision or order of a Nyaya <strong>Panchayat</strong> shall be set aside under the<br />
proviso to section 67 or under the proviso to section 69 unless notice in writing<br />
has been served by the Nyaya <strong>Panchayat</strong> on the opposite party.<br />
No order to be<br />
set aside<br />
without notice<br />
to opposite<br />
party.<br />
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