Power to summon witnesses and compel production of documents.

1. (1) For the purposes of any inquiry or proceeding under this Act, the Chief Judge of the Small Cause Court may summon and

enforce the attendance of, witnesses and compel them to give evidence and compel the production of

documents by the same means and, as far as is possible, in the same manner as is provided, in the case of the Small Cause Court by the Presidency Small Cause Courts Act, 1882 (XV of 1882) and in all matters relating to any such inquiry or proceeding the said Chief Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.

1. (2) If, in any such inquiry or proceeding, the person against whom the complaint or application has been made fails to appear, notwithstanding that he has been duly summoned for this purpose, the said Chief Judge may hear and determine the case in his absence.
2. (3) The costs of every such inquiry or proceeding as determined by the said Chief Judge, shall be payable by such parties and in such proportions as the said Chief Judge shall direct and the amount

thereof shall, if necessary, be recoverable as if the same were due under a decree of the Small Cause

Court:

1[Provided that if such inquiry or proceeding relates to a dispute regarding expenses declared to be improvement expenses under section 494, the amount of the costs directed by the said Chief Judge to be paid by the owner or occupier of the premises in respect of which or for the benefit of which the improvement expenses were incurred shall be a charge on such premises and may also be recovered in the manner prescribed in section 495.]

This proviso was added by Bom. 32 of 1935, s. 15.

390 The Mumbai Municipal Corporation Act [1888 : III