Amendment status not verified — confirm the current text below against the official source.
The Collector, on receiving a complaint preferred under the preceding section, shall issue a summons to the defendant containing a short abstract of the complaint, and shall require the defendant to appear at the kachari of the Collector, in person or by vakil, on a day specified, to make answer to the complaint. The summons shall be attested by the seal of the Collector and his official signature, or that of his Assistant, and shall be served by a single peon of the Collector's establishment. Second.- Peon how to proceed. Refusal to acknowledge summons; how to be attested.- The Collector's peon shall require the defendant to affix his signature to the summons in acknowledgement of its having been duly served; and, in the event of defendant refusing to affix his signature thereto, the peon shall call upon some of the village-officers or neighbours of the defendant to witness such refusal and to attest the endorsement of it which he shall make on the summons, and shall return the same to the Collector on or before the day fixed for such return. Third.- How Collector to proceed if defendant is not to be found, or refuse to acknowledge summons. Notice to be affixed.- If a defendant against whom a summons may issue shall abscond or is not after diligent search to be found, or shall shut himself up in his own or in any house or building, or retire to any place, so that the process cannot be served upon him and the peon shall return that on such account he has not been able to serve or execute the process, or if he shall refuse to acknowledge the service of the summons, on return being made in the mode prescribed in the preceding clause, the Collector shall cause a writing in the language of the district to be stuck up in some conspicuous part of his kachari, containing a copy of the summons and a notice that if the party shall not appear on a day to be specified (which shall not be less than fifteen days from the time that the notice may be fixed up), the Collector will proceed without further notice to refer the cause, with the consent of the plaintiff, to be tried and determined by a Panchayat of the district in which the disputed lands may be situated, without the appearance or answer of the defendant. The Collector shall likewise order a copy of the summons and notice to be fixed up, with all practicable despatch, on the outer door of the house in which the defendant may have usually dwelt, or in some conspicuous place in the village or other place in which he may have generally resided. The peon serving the summons shall return the order, with an endorsement stating at what times and places the summons may have been fixed up. Fourth.- Collector how to proceed if defendant appear. Defendant liable to fine for contempt. Collector how to proceed if such fine be not paid or security given. If the defendant shall appear by the time limited in the notice, the Collector shall proceed to investigate the cause of his absence, or the circumstance of his refusal to sign the summons, and, if it shall appear to the satisfaction of the Collector that the conduct of the defendant has been contemptuous, he is empowered to punish such contempt by imposing a fine on the defendant, according to the circumstances of the case, not exceeding ten rupees; and if such fine be not immediately paid, or security given for the payment within a reasonable time, the Collector shall punish such defendant by committing him to the zila jail, or by keeping him in custody in the kachari or village-choultry for a period not in any case exceeding fifteen days, or until the fine shall be paid. Fifth.- Plaint to be read to defendant in presence of plaintiff.- On the appearance of the defendant, if he shall appear according to the first summons, or by the time limited in the notice, the Collector shall cause the plaint to be read over to the defendant in the presence of the plaintiff, and shall demand whether he admit or deny the truth of the complaint. If the defendant shall acquiesce in the truth of the complaint, the Collector shall record such acquiescence at the foot of the plaint and require the defendant to attest the same with his signature in the presence of witnesses, not being servants of the Collector's establishment, who shall also attest the same, and the document shall be countersigned by the Collector, who shall return the document to the complainant, together with an order to the Tahsildar or [Deputy Tahsildar] or Village Munsiff, to transfer the lands described in the plaint to the plaintiff; or, if the plaint include crops grown on such lands, to cause the crops, or the value of them to be restored to the plaintiff by the defendant; or, if the. plaint be for water to order the water to be distributed as required in the plaint; and no other proceedings shall be necessary in the cause. Sixth.- Procedure when defendant denies truth of plaint. If the defendant shall deny the truth of the plaint, the Collector shall inquire of the parties whether they mutually consent to have the cause investigated and decided by a Village Panchayat; and upon their agreeing in writing to have the matter investigated and decided by the Panchayat of any particular village, the Collector shall immediately forward the petition of plaint with an order to the Munsif of that village to assemble a Panchayat without delay to investigate and determine the suit. Seventh.- When matter may be referred to District Panchayat. If either the plaintiff or defendant shall object to the reference of the cause to be tried and determined by a Village Panchayat, and either of them shall desire in writing that it may be referred to be tried and decided by a District Panchayat, the Collector, whether the other party agree to such reference or not, shall forward the plaint to the Munsif of the district in which the disputed property may be situated, with an order to assemble a Panchayat, within fifteen days from the receipt of such order, to investigate and determine the suit. Eighth.- If neither party agree to reference, suit to be dismissed. If neither of the parties shall agree to the reference of the suit to a District panchayat, the suit shall be dismissed, and the parties shall be at liberty to seek redress from the Zila Court or any competent jurisdiction. These words were substituted for "principal Native Revenue-officer of the district" by the Adaptation Order of 1950.