section 105
Disposal of suits or cases in absence of parties concerned
The Jammu and Kashmir Village Panchayat Act, 1958Infrastructure1958145 of 149 sections available9 chapters
Chapter VII Chapter VII
Statutory text
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.
- (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.
- (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.
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