(1) Assessors for any case or proceeding in a court shall be summoned by the presiding officer thereof from the list of assessors of that court in such manner as the High Court may by rule direct.
(2) The assessors shall be chosen by lo.t in such manner as the High Court may, by rules, prescribe, from amongst the persons summoned to act as such:
Provided that—
(a) pending the issue of rules under this section, the piactice prevailing in the Islands immediately before the commencement of this Regulation in respect of the choosing of assessors shall be followed;
(b) in the case of deficiency of persons summoned to act as assessors, the number of assessors required may, with the leave of the court, be chosen from such other persons as may be present.
(3) As each assessor is chosen, his name shall be called aloud, and upon his appearance, the parties to the suit or proceeding shall be asked if they object to the acceptance of the assessor.
(4) Objection may then be taken to such assessor by any such party and the grounds of objection shall be stated.
(5) Any objection taken to an assessor on any of the following grounds, if made out to the satisfaction of the court, shall be allowed: —
(a) some presumption or actual partiality in the assessor;
(b) some personal ground, such as alienage, deficiency in the qualification required by any law, or rule having the force of law lor the time being in force, or, being under the age of 21_ or above the age of 60 years;
Sue. 13 THE GAZETTE OF INDIA EXTRAORDINARY 667 5 at 1908.
(c) his having by habit or religious vows relinquished all care of worldly affairs;
(d) his holding any office in or under the court:
(e) his having been convicted of any offence which, in the opinion of the court, renders him unfit to serve as an assessor;
(/) his inability to understand the language in which the evidence is given or when such evidence is interpreted, the language in which it is interpreted;
(g) any other circumstance, which in the opinion of the court renders it improper to require him to act as an assessor.
(6) Every objection taken to an assessor shall be decided by the court, and such decision shall be recorded and be final.
(7) If the objection is allowed, the place of such assessor shall be supplied by any other assessor attending in obedience to a summons and chosen in the manner provided by this section, or if there is no such other assessor present, then, by any other person present in the court, whose name is on the list of assessors, or whom the court considers a proper person to act as an assessor:
Provided that no objection to such assessor or other person is taken and allowed.
CHAPTER IV SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
20. The Code of Civil Procedure, 1908 shall apply to all suits and proceedings before the court of a subordinate judge or munsiff subject to the following exceptions, namely: —
(a) a defendant in a suit may, instead of filing a written statement, make an oral statement of his defence which shall be recorded by the court;
(b) all applications by parties in any suit or proceeding may be made orally before the court;
(c) no appearance, application or act in or to the court, required or authorised by law to be made or done by a party in such court, shall be made or done by a pleader (as denned in the Code of Civil Procedure, 1908) save with the permission ol the court;
(d) it shall be sufficient for the court to make a memorandum of the substance of the evidence of any witness examined by it and it shall not be necessary for the court to take down evidence of any witness in writing at length unless the court is, Ant 5 of 1908 to apply to suits and proceedings before courts of subordinate Judges and munfiiffs subject to exceptions.
6<$8 THE GAZETTE OF INDIA EXTRAORDINARY [PART n Presiding officers of courts not to t ry suite, cases in which they are interested.
Exclusion of the monsoon period from the period of lfmitation.
Ministerial offlcflrg of cpurts., Abolition of certain courts.
Existing rights not affected.
on the application of any party or otherwise, satisfied that there is any special reason for so doing.