Chapter III ADMINISTRATION OF JUSTICE BY VILLAGE AUTHORITIES

1. (1) A case before a village court may be instituted by a complaint, made orally or in writing, to a member of the village court.
2. (2) If the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the offence and such other particulars, if any, as may be, prescribed, and shall direct the complainant to appear before the village court.

1. (1) If upon the fact of the complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous vexatious or untrue, it shall dismiss the case by order in writing.
2. (2) If at any time it appears to the village court—
   • (a) that it has no jurisdiction to cry the case, or
   • (b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or
   • (c) that the case is one which should not be tried by the court, it shall direct the complainant to the proper court.

If in any case before a village court the complainant fails to appear on the day fixed, or if in the opinion of the court he shows negligence in prosecuting his case, the court may dismiss the case for default, and such order of dismissal shall operate as an acquittal.

1. (1) If the complaint is not dismissed, the village court shall, subject to the provisions of section 53, by summons or otherwise require the accused to appear and answer the complaint.
2. (2) If the accused fails to appear or cannot be found, the court shall report the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the village court or release him on bail to appear before it.
3. (3) The village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the trial may be adjourned.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), there shall be no appeal by a convicted person in any case tried by a village court: Provided that the Deputy Commissioner or the sub-divisional magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or modify any order of conviction or of compensation made by a village court or direct the retrial of any case by a court of competent jurisdiction subordinate to him.

1. (1) A village court shall record its decision in writing and may sentence an offender convicted by it to pay a fine not exceeding two hundred rupees or in default to imprisonment for a term not exceeding one month.
2. (2) When a village court imposes a fine under sub-section (1), it may, when passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
3. (3) When a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence: Provided that notwithstanding anything contained in the Indian Penal Code (45 of 1860)—
   • (a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section;
   • (b) the person serving his term of imprisonment shall be forthwith released, if the fine is paid before the expiry of the term of imprisonment: Provided further that no woman shall be sentenced to imprisonment in default of payment of fine.

When any person is convicted by a village court of an offence punishable under section 26 and no previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient—

1. (a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or
2. (b) that the offender should be released on probation of good conduct, the village court may, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding two hundred rupees to appear and receive sentence when called upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), the village court may allow the parties to compound any offence tried by it.

The Deputy Commissioner or the sub-divisional magistrate, either on application made to him in this behalf, or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him.

Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction to try the following classes of suits, namely:—

1. (a) suits for money due on contracts;
2. (b) suits for the recovery of movable property or the value of such property;
3. (c) suits for compensation for wrongfully taking or injuring movable property; and
4. (d) suits for damages by cattle trespass; when the value of the suit does not exceed five hundred rupees.

No suit shall lie in any village court—

1. (a) on a balance of partnership account,
2. (b) for a share or part of a share under an intestacy of for a legacy or part of a legacy under a will,
3. (c) by or against the Government or public officers in their official capacity,
4. (d) by or against minors or persons of unsound mind.
5. (e) for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of immovable property.
6. (f) for recovery of immovable property, or
7. (g) for enforcement or redemption of a mortgage of immovable property.

No suit shall lie in any village court, unless at least one of the defendants resides within the local limits of its jurisdiction at the time of the institution of the suit, and the cause of action has arisen wholly or in part within those limits.

1. (1) A suit before a village court may be instituted by a petition made orally or in writing, and if the petition, is made orally, the court shall record such particulars as may be prescribed.
2. (2) The plaintiff on instituting his suit shall state the value of the claim.

1. (1) If at any time the village court is of opinion that the suit is barred by limitation, the court shall, by order in writing, dismiss the suits.
2. (2) If at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court shall direct the plaintiff to the proper court.

If in any suit before a village court the plaintiff fails to appear on the date fixed or if in the opinion of the court he shows negligence in prosecuting his suit, the court may dismiss the suit for default: Provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed.

If on receiving the petition the village court is satisfied that the trial of the suit may be proceeded with, it shall by summons or otherwise require the defendant to appear and answer orally or in writing the claim made in the suit.

If the defendant fails to appear and the village court is satisfied that he has received notice of the date fixed for hearing, the court may decide the suit ex parte: Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if satisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a day for proceeding with the suit.

No decision or order or a village court shall be set aside under section 35 or section 37 unless notice in writing has been served by the village court on the opposite party in the prescribed manner.

1. (1) Subject to the provisions of clause (c) or clause (d) of section 31 the village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register: 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 the suit is proceeded with.
2. (2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.

No village court shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim.

When the parties or their agents have been heard and the evidence on both sides considered, the village court shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts payable as fees under section 45, and the amount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable.

A village court in ordering the payment of a sum of money or the delivery of any movable property may direct that the money be paid or the movable property be delivered, by instalments.

The decision of a village court in any suit shall be final as between the parties to the suits: Provided that the district judge may on application of any party to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if he is satisfied that there has been a failure of justice.

If the plaintiff or defendant in any suit dies before the suit has been decided, the suit may, subject to the provisions of clause (d) of section 31, be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or defendant, as the case may be.

1. (1) In all suits instituted in a village court a fee of one anna in the rupee shall be payable in advance by the plaintiff on the amount of the claim upto fifty rupees, and of half anna for every rupee of the claim above fifty rupees, and such fees shall not be paid to either party.
2. (2) If the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgement-debtor together with the amount decreed.
3. (3) If the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgement-debtor together with the amount decreed.
4. (4) Any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder.

1. (1) If the village court passing a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45.
2. (2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court; but no application for execution shall be entertained by the court of the munsiff,—
   • (a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and
   • (b) unless the application is made after the expiry of three months from the date of the decree.
3. (3) In executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.

An application for execution of a decree of a village court made after the expiry of three years from the date of the decree or of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded: Provided that where the application is made for execution of a decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date.

1. (1) The provisions of—
   • (a) the Court Fees Act, 1870 (7 of 1870),
   • (b) the Code of Criminal Procedure, 1898 (5 of 1898), and
   • (c) the Code of Civil Procedure, 1908 (5 of 1908), shall not apply to any trial or any criminal case or civil suit before a village court.
2. (2) The procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this Act.
3. (3) The Indian Evidence Act, 1872 (1 of 1872) shall not apply in the trial of any case or suit by a village court but the village court shall observe as far as possible the principles underlying that Act.

1. (1) The village court shall be presided over by the chairman of the Village Authority if he is a member of the court.
2. (2) If the chairman of the Village Authority is absent from a sitting of the village suit of if he is not a member of the court shall elect its own President.
3. (3) In the case of difference of opinion among the members of the court the opinion of the majority shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the majority.
4. (4) In the case of an equality of votes the person presiding over the court shall have a second or casting vote.

No village court shall try any criminal case or any civil suit to or in which the Village Authority or any member thereof is a party or is interested.

1. (1) Subject to the provisions of section 53 a village court may by summons or otherwise send for any person to appear and give evidence or to produce or cause the production of any document.
2. (2) A village court shall refuse to summon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable.
3. (3) A village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance.
4. (4) If any person whom a village court summons by written order to appear or give evidence or to produce any document before it, fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twenty-five rupees.

1. (1) The parties to criminal cases triable by a village court shall appear personally before the court: Provided that the village court, if it sees reason so to do, may dispense with the personal attendance of the accused and permit him to appear by agent.
2. (2) The parties to civil suits triable by a village court may appear by agent. Explanation.—In sub-section (1) and sub-section (2), "agent" means a full-time servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appear and plead for such party.
3. (3) Notwithstanding anything contained in any law, legal practitioners shall not be permitted to practice before a village court.

No woman shall, against her will, be compelled to appear in person before a village court as an accused or as a party or as a witness.

All fees and fines imposed, all sums decreed or compensation awarded and all sums due on bonds under this Act may be realised under orders of the village court in such manner as may be prescribed.

Every village court shall maintain registers and records and submit such returns as may be prescribed.

All proceedings before a village court shall be Manipuri.