(1) Any person who wishes to institute a suit or case before a Nyaya Panchayat shall make an application orally or in writing to the Sarpanch or, in his absence, to such other member of the Nyaya Panchayat as the Sarpanch may have appointed for the purpose and shall at the same time pay the prescribed fees.
(2) Where the suit or case is instituted orally, the Sarpanch or other member shall without delay record the substance of the application in the prescribed register and obtain the signature or thumb Impression of the applicant thereon.
Suits and cases how instituted.
48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Suit* to include the whole claim.
82. (I) Every suit Instituted before a Nyaya Fanchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring any suit within the jurisdiction of the Nyaya Panchayat.
(2) If a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
Limitation. 83. No suit shall be entertained by a Nyaya Panchayat after the expiration of one year from the time when the right to sue first accrued.
Complainant or plaintiff to attend next sitting of Nyaya Panchayat,
84. Every case or suit instituted shall be brought before the Nyaya Panchayat at its next sitting and the complainant or the plaintiff, as the case may be, shall, at the time of making the application, be informed of the time and place fixed for such sitting and directed to attend at that time and place.
Summons to be issued to accused or defendant.
85. The Nyaya Panchayat after hearing the application, 3hall cause a written summons in the prescribed form to be served on the accused or defendant, as the case may be, requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall, at the same time, direct the complainant or plaintiff to attend and produce his evidence at such time and place:
Provided that the Nyaya Panchayat may, after hearing the application and examining the complainant or the plaintiff, refuse to Issue a summons and dismiss the complaint or suit, if it is satisfied that the case or suit is frivolous, vexatious or untrue.
Summons to witne^ei. 86. (1) A Nyaya Panchayat may, if it considers the evidence of, or the production of document by, any person necessary in a case or suit, issue summons to such person requiring him to attend or to produce or cause the production of such document and such person shall be bound to comply with the directions contained in the summons.
(2) A Nyaya Panchayat may refuse to summon a witness or to enforce a summons already Issued against a witness where in its opinion the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which In the circumstances would be unreasonable.
Service of summons.