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Section 78

Andaman and Nicobar Islands Panchayat Regulation 1994Union territory Regulations of Andaman and Nicobar Islands · 1994

(r) Any psrson who wishes to institute a suit or a case before a Nvava Panchayat shall make an application orally or in writing to the Sarpancb oi, in his abscnce, to such other member of th= Nyaya Panchayat rs the Sarpanch may have appoinled for the purpose and shall at the sarne time pay the pres;riH feei..

(2) Where the suit or case is instituted orauy, the Sarpanch or other meh$rshall witholt dsl4y rccord the sL,h-stance of the application in the prescribed register and obtain sigratur€ or thumb impressio.a of the dpplicant &ereon.

79, {d Every sdt institut€d before a Nyaya Panchayat shall include the whole of the claim which thc plaintifr if entitl€d to make in respect of tle matter in dilpqte, bul he may reiinquish any portion of his claim in order to being any suit viithin the jurisdiction of the Nyaya Panchayat.

(2) U a plainiitr omits to sue in respect of or relinquishes any portion of his claim he shall not aflerwa(ds sue in respect of the pofiion so omitted or relinquished.

80. No suit shall be entbrtained by a Nyaya Panchayat after the expitation of on6 year from the iimelvhen the rlglt to sue first ac0rued.

. 81, Every case o-r suit instituted shall be brought before the Nayaya panchayat at its next sitting and the complaioant or the piailltiff as the cesij may be.

shall, at the time of making the application, be informed of ttre time and ptacq fixed for such sittirg and directEC to attend at that tirne and place.

82. The Nya.va Panchayat after heariBg the appl:cation shall cause a written suflrmons in the prescribed form to be served on the acr'used or defendant, as the case may bc requiring hirn to attend aod produce his evidence at such time and time and place as may be stat€d in the summons and shall, at the same time dircct the complainatrt or plaintiff to atte!1d and produc€ his evidence at such time and place :

tn THE GAZET?E OF INDIA EXTRAORDINARY lP,ur II- Summons ro witne$as.

_ hovid€d that the panohayat may, after hearing the appl.ication and examiningthe-compldlant.or the plaiutr_tr, relrse to rssue a summon ""d ;i;;; ii;;;ilTplairt or suit, if it is satiafied thit the case or suit is iiivoioui,-u"rut,ou, or untrue.

^"^r,,9j^!ll$^Ifry.tT+"y"t ruay, if it considers the ev)denc€ of, cr r.heproquqlon ot oocument bv- any p€rson necess-ary in a case ot suit, issue summons to suchper;on requiring hi;io atdnd oit" J.oo"J. 6i ."-i* rie irocucrion ofsuchdo.ument and such person shall be b,ouid to gomply with ttie Olieciions con_taiaed in ths sunrons.

(2) A Ny.aya Panchayat may refuse to. summon a witness or to enforce asummon already issued againsl a, witness where in its opinion the-aite;46;i the witness cannot be procured wjthout g.n amount of deliy, ixpense or inconven-rence which in the circumstances would be unreasonable. '' ---' _ _ t4, (1) Every summons shall be,in duplicate, signed by the presiding memberof thc Nyaya PanChayat and be served jn the manneiprescrjbed.

, ^(2) Iflhe ddendant or accused is at the time ofthe issue ofsummons outsid.ethe Gram, the sumlrons may be forwarded by the NyuyiFun"t ayat g tn" erririrntComnrissioner who shall caise the sommons'to be slried as ii-it'were a summonsfrom his own counl

Where this provision sits

ActAndaman and Nicobar Islands Panchayat Regulation 1994
Section78
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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