(1) If the complainant or plaintiff fails to appear, after having been informed of the time and place fixed for the hearing, the Nyaya Panchayat may hear and decide the case or suit in his absence.
(2) A Nyaya Panchayat may hear and decide a case or suit in the absence of the accused or the defendant, if a summons has been served upon him in the manner hereinbefore prescribed:
DUpoul of cases and suit* in abatnea of party concerned.
Provided that no sentence shall be passed by a Nyaya Panchayat on any accused unless he has appeared, either in person or by a representative, before the Nyaya Panphayat and the substance of his statement has been recorded in the prescribed register.
(3) If, after the service of summons upon him, an accused fails to appear, either in person or by a representative, the Nyaya Panchayat may apply to the Sessions Judge who shall compel the accused to appear in person or by his representative before the Nyaya Panchayat as if he were a Court trying the case.
(4) Where an accused person has, under sub-section (3), been compelled to appear before a Nyaya Panchayat, the Nyaya Panchayat shall forthwith take his statement and thereafter his attendance at the hearing of the case shall not be compulsory.
1083 G of I Ext.—i.
*0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Compromise of oufts and compounding of cases.