Amendment status not verified — confirm the current text below against the official source.
Settlement of disputes. last preceding section shall hear the dispute in the manner prescribed and shall have power to summon and enforce attendance of witness including the parties interested or any of them and to compel them to give evidence on oath, affirmation or affidavit and to compel the production of documents by the same means and as far as possible in the same manner, as is provided in the case of Civil Court by the Code of Civil Procedure, 1908 or the analogous law in force the State of Arunachal Pradesh. (2) Except with the permission of the Registrar or his nominee or board of nominees, as the case may be, no party shall be represented at the hearing of a legal practitioner. (3) (a) If the Registrar or his nominee or board of nominees is satisfied that a person, whether he be a member of the society or not has acquired any interest in the property of a person who is a party to a dispute, he may order that the person who has acquired the interest in the property may join as a party to the dispute ; and any decision that may be passed on the reference by the Registrar or his nominee or board of nominees shall be binding on the party so joined, in the same manner as if he were an original party to the dispute. (b) where a dispute has been instituted in the name of wrong person, or where all the defendants have not been included, the Registrar or his nominee or board of nominees may, at any stage of the hearing of the dispute, if satisfied that the mistake was bonafide, order any other person to be substituted or added as a plaintiff or a defendant upon such terms as he thinks just. (c)The Registrar, his nominee or board of nominees may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Registrar, his nominee or board of nominees, as the case may be, to be just, order that the name of any party improperly joined whether as plaintiff or defendant, be struck out and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, his nominee or board of nominees as the case may be necessary in order to enable the Registrar, his nominee or board of nominees effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added. d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such relief; but if he omits to claim for all such reliefs he shall not forward a claim for any relief so omitted, except with the leave of the Registrar, his nominee or board of nominees. 99.(1) Where a dispute has been referred to the Registrar or his nominee or board of nominees under section 97 or under section 109 or where the Registrar or the person authorized under section 90, hears a person against whom charges are framed under that section, the Registrar or his nominee or board of nominees or as the case may be, the person so authorized under section 90, if satisfied on enquiry or otherwise that a party to such dispute or against whom proceedings are pending under section 90 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made. a. is about to dispose of whole or any part of his property, or b. is about to remove the whole or any part of his property from the jurisdiction of the Registrar, may unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent Civil Court. (2) Where the Registrar, his nominee or board of nominees or the person authorized under section 90 direct attachment of property under the foregoing sub-section, he shall issue a notice calling upon the person whose property is so attached to furnish security which he thinks adequate within a specified period ; and if the person fails to provide the security so demanded, the Registrar or his nominee or board of nominees or, as the case may be, the person, authorized under section 90 may confirm the order and after the decision in the dispute or the completion of the proceedings referred to in the foregoing sub-section may direct the disposal of the property so attached towards the claim if Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees. V of 1908. Attachment before ward. awarded. (3) Attachment made under this section shall not effect the rights subsisting prior to the attachment of the property of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.