Chapter VII Chapter VII

Institution of suits and cases and procedure of Panchayats

Suits and cases how instituted--Suit or a case under this Act, before a Panchayati Adalat shall be instituted by making an application orally or in writing to the Sarpanch or any member and shall at the same time pay the prescribed fee.

Substance of application to be recorded in register.--When an application under section 92 is made orally the substance thereof will be recorded without delay in the prescribed register and the signature or thumb impression of the applicant shall be obtained and the register shall be signed by the Chairman or in his absence by any member who may be present.

Plaintiff or complainant to attend hearing.--The plaintiff or complainant or his agent shall attend the meeting of the Panchayati Adalat at the time and place fixed.

Limitation for suits.--Every suit instituted in a Panchayati Adalat after the period of limitation prescribed therefor in the Schedule shall be dismissed, even though limitation has not been set up as a defence.

Exclusive jurisdiction in suits and cases.--No Court shall take cognizance of any suit or case which is cognizable under this Act by a Panchayati Adalat unless a reference has been made to it under this Act.

Arbitration by a Panchayati Adalat.--Notwithstanding anything contained in this Act, a suit not exceeding one thousand rupees or the total value of which does not exceed rupees one thousand if the parties mutually agree in writing to be filed before the Panchayati Adalat they will abide by the decision in arbitration of the Panchayati Adalat in such suit.

Issue of summons.--

1. (1) The Panchayati Adalat may, for reasons to be recorded after hearing the application and examining the plaintiff or complainant, dismiss the suit or complaint.
2. (2) Unless the suit or complaint be so dismissed, the Panchayati Adalat shall, by summons or otherwise, make the defendant or accused to attend and produce his evidence at such time and place as may be stated in the summons, and shall, at the same time, direct the plaintiff or comedian to attend and produce his evidence at such time and place.
3. (3) If any defendant or accused person resides outside the Panchayati Adalat Circle or if a defendant or accused person is, at the time of the issue of the summons, outside such Circle, the summons may be forwarded by the Panchayati Adalat to the Munsiff or if there is no Munsiff to the Sub-Judge or Magistrate concerned who shall cause it to be served as if it were a summons from his own Court.

Appearance in person or by representative.—(1) The parties to a case triable by a Panchayati Adalat shall appear in person before such Panchayati Adalat; provided that the Panchayati Adalat may, for reasons to be recorded in writing, dispense with the personal attendance of the complainant or the accused and permit him to appear by agent, and shall also dispense with such personal attendance if the accused is a person exempt from personal attendance in Court: Provided that if the Panchayati Adalat is satisfied that the complainant or the accused is a Pardah Nashin lady, it shall, if a request is made to that effect, dispense with the personal attendance of such Pardah Nashin lady before the Panchayati Adalat.

Parties must produce their own evidence.—(1) The parties shall produce their own evidence and the Panchayati Adalat may, by summons, or otherwise, summon any person to give evidence or to produce or cause to be produced any document and every person shall be bound to comply with the summons.

1. (2) The Panchayati Adalat may, for reasons to be recorded, refuse to summon a witness if in the opinion of the Panchayati Adalat, the attendance of such witness cannot be procured without such an amount of delay, expense or inconvenience as would be unreasonable.
2. (3) The Panchayati Adalat shall not require any person living beyond its jurisdiction to give evidence or to produce a document unless such a sum of money has been deposited as appears to the Panchayati Adalat to be sufficient to defray his reasonable expenses.
3. (4) If any person, whom the Panchayati Adalat summons in order to appear or to give evidence or to produce any document, wilfully fails to obey such summons, the Panchayati Adalat may take cognizance of disobedience, and, after giving such person an opportunity to explain, may, if found guilty, punish him on the first occasion with a fine not exceeding ten rupees and on a second occasion in regard to the same suit or case with a fine of twenty rupees and when such disobedience is a continuing one, with a fine of one rupees for each day of the continuance of such disobedience.
4. (5) No Panchayati Adalat shall compel any person to disclose any communication, which such person is not legally compelled to disclose under the provisions of the Evidence Act, 1977.

Commissions.—(1) Notwithstanding anything contained in section 100, no person who belongs to the female sex and who is exempt from personal appearance in a Civil Court under the Code of Civil Procedure, 1977 shall be compelled to appear in person before a Panchayati Adalat for the purpose of giving evidence.

1. (2) Any such person may be examined on commission in such manner as may be prescribed.

Panchayati Adalat to ascertain truth and decide accordingly.—(1) The provisions of the Code of Civil Procedure, 1977, the Code of Criminal Procedure, 1989, the Evidence Act, 1977, and the Fees Act, 1977, shall not apply to any proceedings before a Panchayati Adalat save as provided in this Act or as may be prescribed.

1. (2) Subject to the provisions of this Act, the Panchayati Adalat shall ascertain the facts of every suit or case before it and shall do substantial justice between the parties and in so doing the Panchayati Adalat shall not be bound by any rule of evidence except as laid down in section 100 on the basis of any rule of evidence but shall be free to ascertain the truth by every lawful means and therefore make such decree or order as it may deem just.

Power to determine parties Power to determine parties.—(1) The Panchayati Adalat may add as parties to a suit any person whose presence as parties to a suit it considers necessary for a proper decision of the dispute, of which the suit shall be tried: Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of suit is proceeded with.

1. (2) In all cases where a new party appears under the proviso to sub-section
2. (1) during the trial of a suit, he may require that the trial shall be de novo.
3. (3) If the plaintiff or defendant in any suit dies before it has been finally decided and the right to sue still survives, the suit shall be continued at the instance of or against the legal representatives of the plaintiff or deceased defendant, as the case may be; provided that an application in this behalf has been presented to the Panchayati Adalat within thirty days of the death or within such further period as the Panchayati Adalat may for sufficient cause allow.

Adjournment.—It shall be the duty of the Panchayati Adalat to dispose of a suit or case as early as possible and adjournment shall be granted only when absolutely necessary.

Disposal of suits or cases in absence of party concerned.—(1) If the plaintiff or complainant fails to appear after having been informed of the time and place fixed for hearing, the Panchayati Adalat may dismiss the suit or case.

1. (2) The Panchayati Adalat may hear and decide a suit or case in the absence of the defendant or the accused if they have been informed of the time and place for hearing: Provided that no sentence shall be passed against an accused person unless he has been given an opportunity to be heard.
2. (3) If the plaintiff does not appear and the defendant fails to appear and an ex-parte order is passed, such plaintiff or defendant may, within a month of the date of such order or decree, make an application to the Panchayati Adalat for the revival of the suit after setting aside the order of dismissal or the ex-parte order, as the case may be, and the Panchayati Adalat may grant the application and restore the suit or case: provided the applicant satisfies the Panchayati Adalat that he was prevented by sufficient cause from appearing.

Compromise.—(1) If the Panchayati Adalat is satisfied that a suit or case has been adjusted wholly or in part by any lawful compromise or oath, the Panchayati Adalat shall record such compromise or oath and decide in accordance therewith:

Reference to the competent regular court Reference by Panchayati Adalat to District Court or Sessions Court.—Where the Panchayati Adalat having jurisdiction is of the opinion that the suit or case is of such a nature or of such intricacy or importance that it ought to be tried by a regular Court, the Panchayati Adalat shall refer the suit or case to the nearest regular Court having jurisdiction.

Cancellation of jurisdiction.—(1) The Munsiff or the Sub-Judge having jurisdiction over an Adalati Circle may, for sufficient cause, on his own motion or on application, cancel the jurisdiction of a Panchayati Adalat with respect to a suit or case pending before it at any stage.

1. (2) Where an order has been passed under sub-section
2. (1) in respect of any suit or case; the same may be instituted in a Court of competent jurisdiction other than the Panchayati Adalat for trial.

Appeals and revisional powers.

1. (1) Save as otherwise provided in this Act, no appeal shall lie from any decree or order passed by a Panchayati Adalat in any suit or case.
2. (2) On an application made within 60 days from the date of the decree or order in any suit or case tried by a Panchayati Adalat or on his own motion--
   • (a) the District Judge, having jurisdiction over an Adalati Circle in relation to any such suit, and
   • (b) the Sessions Judge, having jurisdiction over an Adalati Circle, in relation to any such case, may call for and examine the record or proceedings of the Panchayati Adalat for the purpose of satisfying himself as to the legality or propriety of any decree or order or sentence passed or as to the regularity of the proceedings of such Panchayati Adalat.
3. (3) If it appears to the District Judge or the Sessions Judge, as the case may be, that any decree, order or sentence passed by any Panchayati Adalat should be modified, cancelled or reversed, he may pass such order as he thinks just.
4. (4) All appeals pending before any Court of competent jurisdiction at the commencement of the Jammu and Kashmir Village Panchayat (Amendment) Act, 1973, shall be disposed of as such by the District Judge or Session Judge in accordance with law under which it was instituted and he may confirm, reverse or modify the decision or order appealed from.
5. (5) The order of the District Judge or Sessions Judge, as the case may be, under sub-section
6. (3) or
7. (4) shall be final.

Decrees and orders passed are not to be altered Subject to the provisions of this Act, a Panchayati Adalat shall have no power to cancel, revise or alter any decree, judgment or order passed by it: Provided that clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Panchayati Adalat either on its own motion or on the application of any of the parties.

Power of entry A Panchayati Adalat or any member thereof duly authorised in this behalf may, for ascertaining facts conducive to the proper disposal of a suit or case, enter into any building or land after giving twenty-four hours notice to the owner or if there is no owner, to the occupier of the building or land and in case of land is in occupation of persons who according to the custom of the country are to be kept, at any time between sunrise and sunset.

Seal of Panchayati Adalat The Panchayati Adalat shall have a seal bearing its name, the seal shall be used for authenticating all decrees, orders or copies issued by it.

Resjudicata and pending suits and cases

1. (1) No Panchayati Adalat shall try any suit or issue in respect of a matter which has been heard and decided in, or has been heard and decided by a Court of competent jurisdiction to a previously instituted suit between the same parties or those under whom they claim.
2. (2) Where proceedings are pending in any Court against any person in respect of any offence or where an offender has been tried for any offence, no Panchayati Adalat shall take cognizance of such offence or on the same facts or any other offence of which the accused might have been charged or convicted.

Pending cases before the Panchayati Adalat when term of office has expired A Panchayati Adalat newly constituted shall hear and dispose of suits, cases and proceedings pending before the outgoing Panchayati Adalat on the expiry of such term:

Contempt of Panchayati Adalat Contempt of Panchayati Adalat

1. (1) If any person intentionally offers any insult to a Panchayati Adalat or any member thereof while sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement when legally required to do so, the Panchayati Adalat may, at any time before rising on the same day, take cognizance of the offence and punish the offender to a fine not exceeding ten rupees.
2. (2) The fine imposed under sub-section
3. (1) shall, for the purposes of section 81, be deemed to be fine imposed in a criminal case.

Bar to arrest and imprisonment in execution No person shall be arrested or imprisoned in execution of a decree under the provisions of this Act.

No legal practitioner to appear No legal practitioner shall be allowed to appear on behalf of any party in any proceedings before a Panchayati Adalat.