(1) When the parties or their agents have been heard and the evidence on both sides considered, the Nyaya Panchayat shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts of prescribed fees and the amount, if any, paid to witnesses under sub-section (3) of section 82 and the persons by whom such amounts are payable:
304 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part 11.—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Sections 73-75.)
Provided that if the members of the Nyaya Panchayat present during the trial of a suit fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat:
Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or casting vote and the decision of the Nyaya Panchayat shall be in accordance with such second or casting vote.
(2) Subject to such conditions and limitations as may he prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the Nyaya Panchayat and the Nyaya Panchayat shall have full power to determine by whom and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid:
Provided that where the Nyaya Panchayat directs that the successful party shall not get the costs of the suit, it shall, state its reasons in writing.
(3) If a Nyaya Panchayat is satisfied that a suit instituted before it is false, vexatious or frivolous, it may direct the plaintiff, by an order in writing, to pay to the defendant such compensation, not exceeding twenty-five rupees, as it may think fit.
73. A Nyaya Panchayat in ordering the payment of a sum Instalments.
of money or the delivery of any movable property may direct that the money be paid, or the movable property be delivered, by instalments.
74. The decision of a Nyaya Panchavat in every suit shall be final as between the parties to the suit:
Provided that the Munsif who would have had jurisdiction to try the suit but for the provisions of this Act, may, on the application of any party to the suit made within thirty days of the decree or order of the Nyaya Panchayat, cancel or modify the decree or order of the Nyaya Panchayat or direct a retrial of the suit by the same or any other Nyaya Panchayat if he is satisfied that there has been a failure of justice.
Decision to be final but power to Munsif to order retrial.
75. If the plaintiff or defendant in any suit dies before the suit has Death of been decided, the suit may, subject to the provisions of clause (d) of parties.
section 62, be proceeded with at the instance of, or against the legal representatives of, the deceased plaintiff or defendant, as the case may be.
305 The West Bengal Panchayat Act, 1973.
[West Ben. Act Effect of decision on questions of title, etc.
Procedure for Nyaya Panchayat (Part 11.—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Sections 76-79.)
76. The decision of a Nyaya Panchayat on the question of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided.