Bare ActsThe ARUNACHAL PRADESH COOPERATIVE SOCIETIES ACT

Section 98

Amendment status not verified — confirm the current text below against the official source.

(1) The Registrar, or his nominee or board of nominees, hearing a dispute under the 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 Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees. V of 1908. APCS ACT 1978 47 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.

Section 98 – The ARUNACHAL PRADESH COOPERATIVE SOCIETIES ACT | DailyLaw.ai