Summons to parties.

(1) The Claims Tribunal shall issue summons to the persons leading, organizing, planning, exhorting, instigating, participating or committing such incident that led to damages as per the report submitted by the District Magistrate and also to the person submitting the application for claims for compensation, mentioning the date and time fixed on which it shall hear the applications for claim.

(2) In case any person to whom summons have been issued fails to appear before the Claims Tribunal on the date and time fixed for hearing the application, the Claims Tribunal may effect the service by publication, in such manner, as may be prescribed.

(3) The Claims Tribunal shall proceed ex-parte against any person, who fails to appear before it inspite of service of summons under sub-section (2):

Provided that a person who has been proceeded ex-parte may file an application for recalling the order and if he satisfies the Claims Tribunal that he was prevented by any sufficient cause from appearing when the order was passed or that summons were not duly served, the Claims Tribunal may set aside the order whereby such person was proceeded ex-parte.

(4) The Claims Tribunal may seek a report from the District Magistrate of the property owned by the person who have been proceeded ex-parte and the District Magistrate shall furnish a report of the property owned by and details of bank accounts of such person within a period of fifteen days to the Claims Tribunal.

(5) The District Magistrate may seek information with regard to such property and bank accounts from the Commissioner of Police or the Superintendent of Police, as the case may be, or from an officer or any bank or any other Government agency and such officer shall be duty bound to provide such information, as may be available or obtained by him to the District Magistrate.

(6) The Claims Tribunal on receipt of the report under sub-section (4) may proceed to issue an order of attachment of property and the bank accounts of the person concerned to compel his presence and the officer to whom such order of attachment of property or bank account is issued shall be duty bound to comply with such order immediately on its receipt:

Provided that before proceeding for attachment of property under this sub –section, the Claims Tribunal shall follow the procedure as provided under Order XXXVIII, rule 5 of the Code of Civil Procedure, 1908 (Central Act No.5 of 1908).