(1) The Registrar, or his nominee or board of nominees, hearing a. dispute under the last preceding section shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interesteci or any of them and to oompel them to give evidence on oath, affirmation or affidevit, and to compel the production of documents by the same mean: and as far as possible in the same manner, as is provided in the ease of a Civil Court by the Code of Civil Procedure, 1908.
(2) Except with the permission of the Registrar or his nominee or boardof nominees, as the case may be no party shall be representative at the hearing of a dispute by a legal practitioner.
(3) (a) If the Registrar or his nominee or board of nominees is satisfied that a person, whether he be a member of the society or not, has acquired any interest in the property of any person who is a party to a. dispute, he may order that the person Who has acquired the interest in he property may join as a party to the dispute ; and any decision that may be passed on the reference by the Registrar or his nominee or board of nominees shall be binding on the party so joined in the same manner as if, he were an original party to the dispute.
(b) Where a dispute has been instituted in the name of the wrong person or where all the defendants have not been included, the Registrar or his nominee or board of nominees may at any stage of the hearing of the dispute. if satisfied that the mistake was bonafide, order any other person to be substituted or added as a plaintifi or a defendant upon such tems as he think: just.
(0) The Registrar, or his nominee or board of nominees may, at any stage of the proceedings, either upon or without the application of either party, and on such terms, as may appear to the Registrar, his nominee or board of nominees, as the case may be to be just, order that the name of any party improperly joined whether as plantifi' or defendant, be struck out, and that the name of any person who ought to have been joined whether as plaintifi' or defendant or whose presence before the Registrar, hie nominee or board of nominees, as the case may be, may be necessary in order to enable the Registrar or his nominee or the board of nominees efi'eetually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.
((1) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs ; but if he omits to claim for all Iueh reliefs, he shall not "forward a. claim for any relief 80;.omitted except with the" leave of the Registrar, his nominee or board of nominees.
41 Procedure for settlement of disputes and power of Registrar, his nomineo or board of nominees.
42 Attachment before award (and interlocutory orders).
95 (i) Where a dispute has been referred to the Registrar 01 his nasminee or Board of Nominees under sention 93 or under section ion:
or where the Registrar or the person authorised under section 88 heart;
a person against whom charges are framed under that section, tho‘E Registrar or his nominee or board of nomieees, as the case may be, the;
person so authorised under section 88 if satisfied on enquiry or otherwisé‘, that a party to sueh dispute or against Whom proceedings are pending under section 88 with ‘ [intent to defeat] delay or obstruct the execution;
of any award or the carrying out of any order that may be made— E
(1) is about to diSpose of whole or any part of his property, "g
(b) is about to remove the whole or any part of his propert.f from the jurisdiction of the Registrar, may, unless adequa ;
security is furnished, direct conditional attachment of the said;
properéy, and such attachment shall have the same efiect 1% if made by a competent Civil Court. 2
(2) Where the Registrar, his nominee or board of nominees 03% the person authoriSed under section 88 directs attachment of properta under the foregoing subaaeution, he shall issue a notice calling upon the;
person Whose property is 30 attached to furnish. security Which me thinks adequate within a. specified period ; end if the person fails tcé provide the security so demanded, the Registrar or his nominee 032% board of nominees or as the case may he, the person authorised undoé section 88 may r-onfirm the order and, after the decision in the dispute;
or the completion of the proceedings referred to in the foregoing subé section may direct the disposal of the property so attached towards thug claim if awarded.
(3) Attachment made under this section shall not efi‘eet tho righting, subsisting prior to the attachment of the property, of persons ME.
parties to the proceedings in connection with which the attachmentlté made, or bar any person holding a. decree against the person whoué property is so attached from applying for the sale of the property undné the attachment in execution of such decree. g
(4) The Registrar or his nominee or board of nominees or the;
person authorised under section 88, as the case may be, may in ordcg to prevent the ends of justice being defeated make such interlocutorg orders pending the decision in a diapute referred to in sub-aection (If as may appear to be just and convenient. “ m u m in m e n , e Amendment-
1. These words wave mbstituted for the words “intent the defeat” by Man, A"?
No. 12 of 1984. Section l2. ‘ 96, 3{The Registrar or his nominee or the board of nominees may, after giving the parties to the dispute reasonable opportunity of being heard, make an award on the dispute, on the expenses incurred by the parties to the dispute in connection With the proceedings, and the fees and expenses payable to the Registrar or his nominee or, as the case may be, board of nominees ; and such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed for deciding the dispute by the Registrar, and shall subject to appeal or review or revision, be binding on the parties to the disPnte.”] 97: Any party aggrieved by any decision of the. Registrar or his nominee or board of nominees under the last preceding Section, or an order passed under Section 95 may Within two months from the date of the decision or order, appeal to the Tribunal.
98. Every order passed by the Registrar or a, person authorised by him under sectien 88 or by the Registrar, his nominee or board of nominees under section 95 or 9,}, every order passed in appeal under the last preceding section, every order passed by a, Liquidator under section 105, every order passed by the State Government in appeal against orders passed under section 105 and every order passed in revision under section 154:, shall, if not carried out—
(a) on a certificate signed by the Registrar or a, Liquidator, be deemed to be a decree of a. Civil Court, and shall be executed in the same manner as a. decreee of such court, or (b? be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue ;
Provided that any application for the reQOVery in such manner of any sum shall be made to the Collector, and shall be accompanied by a, certificate signed by the Registrar, such application shall be made within twelve years from the date fixed in the order and if no such date is fixed, from the date of the order.
99. Any private transfer 01' delivery of, or encumbrance or charge 011, property made or created after the issue of the certificate of the Registrar or Liquidator, as the case may be, under section 98 shall be null and void as against the society on Whose application the said certificate Was issued.