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Chapter -3

Chapter -3 Provisions on Service of Summons and Examination of Evidence
8. Issuance of summons for filling of note of defense:

(1) No later than fifteen days from the date of registration of a petition in the tribunal, the tribunal has to issue
summons, also accompanied by ♣ one copy each of the petition , in the name of the concerned defendant in the format as referred to in Schedule-2.
(2) The summons issued pursuant to Sub-rule (1) has to be served by delivering it to the defendant or any member of his/her own family, and if the defendant or any member of his/her own family is not found or his/her house or
dwelling is not traced in so delivering the Summons, the summons has to be posted in the public place where the house or dwelling is located, in presence of any member of the concerned village development committee or municipality or of any two local persons, and after the summons has been so posted, it shall be deemed to have been duly served notwithstanding anything contained in the prevailing law.
Provided that, in cases where the defendant or his/her house or dwelling has not been traced because of the fact that the bank or financial institution has indicated a wrong address or the tribunal has mentioned a wrong address, the
summons shall not be deemed to have been duly served despite that it has been so posted.
(3) An employee who goes to serve the summons referred to in Sun- rule (2) has to complete the service of summons generally no later than two days except the time required for journey.
(4) Notwithstanding anything contained in Sub-rules (1) and (2), in issuing the summons to be served on a decedent who is a firm, company or body for submitting a note of defense, if the summons sent by a registered post to the
registered office of such a firm, company or body or sent through telefax, email or other electronic communication means of such office, such summons shall be deemed to have been duly served.
(5) Notwithstanding anything contained in these Rules, while issuing a summon, a report that the summon could not be served a notice on the summon issued in the name of the concerned firm, company or body may be broadcast or
published in the radio, television or any newspaper of nation level. In cases where the summons is so broadcast or published it shall be deemed to have been duly served on such a defendant in accordance with these Rules.

9. Extinction of time limit:

(1) If, as a result of expiration of the time limit of summons issued to the defendant to submit a note of defenses pursuant of Rule (8) because of occurrence of a circumstance beyond control of the defendant, the defendant is unable to submit the note of defense and the defendant makes an application setting out the reasons therefor, to the tribunal for having the expired time limit extended, no later that fifteen days from the date expiration, and the
contents of such an application appear to be reasonable the tribunal may extend a time limit of maximum Fifteen days for the applicant or defendant to submit the note of defense.
(2) If any petitioner or defendant who is to make appearance on a fixed day in any case under consideration pursuant to the Act and these Rules fails to make presence on such a fixed day he/she shall not be allowed to have the expired day for appearance extended.
Provided that, if the fixed day for appearance expires because of occurrence of the circumstance beyond control of the petitioner or the defendant and an application is made to the tribunal no later than Fifteen days from the date of
expiration and the contents of such an application appear to be reasonable, the tribunal may extend it for a maximum period of Fifteen days for the petitioner or the defendant.

10. Examination of evidence:

(1) The petitioner has to submit the original copy of documentary evidence that is to remain with him/her by virtue of its nature or that he/she may submit and one duplicate copy thereof along with the petition.
(2) The defendant has to submit the original copy of documentary evidence that is to remain with him/her by virtue of its nature or that he/she may submit ad one duplicate copy thereof along with the note of defense.
(3) The documentary evidence not submitted pursuant to Sub-rule (1) and (2) by the petitioner or defendant shall not be examined or be taken as evidence in the latter.
Provided that, documentary evidence may be submitted or examined as follows in the following circumstances:
(a) In the case of documentary evidence that cannot be submitted to the tribunal, only a duplicate copy thereof may be submitted.
(b) If the petitioner or the defendant, showing a reasonable reason makes own application for appointment of another day for submitting the petition or the note of defense despite his/her best effort and makes an applications the tribunal to submit such evidence after he/she knows or obtains it and the matter appears to be reasonable, the tribunal may execute a memorandum and examine such documentary evidence.
(c) If, the petitioner or the defendant showing a reasonable causes/grounds makes an application for the appointment of  another day for submitting any documentary evidence, the tribunal may appoint another date to provide reasonable opportunity to produce such documentary evidence.
(4) On the day specified for examination of evidence and proof, the original documentary evidence of the petitioner has to be shown and read out to the defendant and that of the defendant to the petitioner and gets him/her to make
deposition as to whether it is genuine, forged or fake whatever he/she says. If in so getting him/her to record his/her deposition, he/she is not able to name it so genuine, forged or fake at the moment and the tribunal holds to give a time limit at its discretion, it may give a time limit not exceeding Three days.
(5) After the petitioner or the defendant has submitted the documentary evidence mentioned as such in the petition or the note of defense to the tribunal, the Registrar has to prepare a duplicate copy thereof, verify such copy with the
original, cause the petitioner or the defendant who has submitted that document to write the duplicate copy correspondents to the original in that document and sign it if the copy verifies with the original, and retain it in the case file.
(6) The original documents as referred to in Sub–rule (5) have to be given consecutive number and the office Seal stamped on the reverse side (back of the document) thereof, and such original documents has to be retuned to the
concerned person.

11. Submission of evidence by other on behalf of absent defendant:

(1) If any heir of the joint family of the defendant or any other person showing any reasonable  ground for failure of the defendant to submit a note of defense in any case within the time limit issued under these Rules submits any evidence refuting the petitioner’s claim no later than seven days from expiration of the time limit, the tribunal has also to examine that evidence and try and settle the case.

12. Party need not keep on appearing on appointed Date:

(1) After the tribunal has examined the evidence of both petitioner and defendant any party may if he/she so
intends, not keep on appearing on the appointed date, with the permission of the tribunal.
(2) Even if the petitioner only or the defendant too expires the appointed date for presence after the petitioner has submitted his/her evidence, the case has not to be dismissed rather it has to be tried and settled based on the evidence so far examined.
13. Examination of witness:

(1) Following an order by the tribunal for issuing summons in the name of the witness, the Registrar has to prepare and send the summons.
(2) In sending the summons by the Register pursuant to Sub-rule (1), a time limit of seven days has to be given.

14. Depositions of Witness:

(1) The Register has to obtain name of their witness from the petitioner and the defendant present on the date appointed for presence immediately upon commencement of tribunal’s action on that day retain the list in
the case file and submit the same to the tribunal for deposition,
(2) Even if the other party do not present upto Two p.m. on the day appointed for examination of witness, making deposition of the witness of the party present has not to be stopped.

15. Power to issue order for submission of documentary evidence:

(1) In cases where any document, design, information, detail etc, that can be taken as evidence under the prevailing law has not been submitted to the tribunal for any reason, the tribunal may order the concerned Party to submit such evidence to the tribunal prior to enlistment of the case in the cause list.

⊕15A. representation may be made :

(1) If the bank or financial institution or the debtors submitting a petition of an appeal before the tribunal or Appealed Tribunal or by debtor submitting the note of defense before the Tribunal or by a respondent
submitting the note of defense before the Appellate Tribunal respect velum may make representation on its behalf of it by appointing any Law Practitioner or accounts Practitioner or Accounts Practitioner before the Tribunal or Appellate Tribunal , as the case ,au be , as its representative.
(2) Except in the case referred to in Sub-rules (1), the bank or financial institution may make a representation on their behalf before the Tribunal or Appellate Tribunal by appointing any staff also as their representative.

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