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Section 115: Powers of Civil Court

The Rajasthan Co-operative Societies Act, 2001State Act of Rajasthan · Act 16 of 2002

(1) In performing the functions conferred on it by or under this Act, the Tribunal, the Registrar, the Arbitrator, or any other person deciding a dispute and the Liquidator of a co-operative society shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely: -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) proof of facts by affidavits; and

(d) issuing commissions for examination of witnesses.

(2) In the case of any affidavit, any officer appointed by the Tribunal, the Registrar, the Arbitrator, or any other person deciding a dispute or the Liquidator, as the case may be, in this behalf may administer the oath to the deponent.

(3) The Registrar or any person empowered by him shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step-in-aid of such recovery, to be a civil court for the purposes of Article 136 of the First Schedule to the Limitation Act, 1963 (Central Act 36 of 1963).

Where this provision sits

ActThe Rajasthan Co-operative Societies Act, 2001
Section115
Marginal notePowers of Civil Court
JurisdictionState of Rajasthan
StatusIn force as published by the source

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