(1) If at any time the Nyaya Panchayat is of opinion that Dismissal of the suit is barred by limitation it shall dismiss the suit by an order in suits barrta_ed by limi writing. tion. etc.
(2) If at any time it appears to the Nyaya Panchayat that it has no jurisdiction to entertain the suit, it shall direct the petitioner to the Court having jurisdiction to try such suit.
(3) Where it is proved to the satisfaction of the Nyaya Panchayat that a suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Nyaya Panchayat shall pass a decree in accordance therewith so far as it relates to the suit:
Provided that where the Nyaya Panchayat refuses to pass a decree in accordance with the agreement or compromise, it shall record its reasons in writing for so doing.
67. If in any suit before a Nyaya Panchayat the plaintiff fails to appear on the day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting his suit, it may dismiss the suit for default:
Provided that a Nyaya Panchayat may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the Nyaya Panchayat that he was prevented by sufficient cause from appearing at the time when the suit was called on for hearing.
Dismissal of suits for default.
303 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part IL —Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Sections 68-72.)
Summons to defendant to appear.
Ex parte decision.
No order to be set aside without notice to opposite party.
Power to determine parties.
Decision of suits.
68. If on receiving the plaint the Nyaya Panchayat is satisfied that the trial of the suit may be proceeded with, it shall, by summons, require the defendant to appear and answer the suit either orally or in writing.
69. If the defendant fails to appear and the Nyaya Panchayat is satisfied that the summons was duly served it may decide the suit ex parte:
Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any process for enforcement of the decision, apply, orally or in writing, to the Nyaya Panchayat to set aside the order; and the Nyaya Panchayat, if satisfied that the summons was not duly served on the defendant, or that the defendant was prevented from appearing at the time when the suit was called on for hearing by any sufficientcause, shall set aside the decision and shall appoint a day for proceeding with the suit.
70. No decision or order of a Nyaya Panchayat shall be set aside under the proviso to section 67 or under the proviso to section 69 unless notice in writing has been served by the Nyaya Panchayat on the opposite party.