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State of Chattisgarh - Section

Section 13 in Chhattisgarh State Co-operative Tribunal Regulations, 2016

13. Evidence.

(1)Where a party desires that a witness, is to be examined by the tribunal in appeal or cause production of document for additional evidence, he may apply to the Tribunal through an affidavit for summoning the person whose attendance is required either to give evidence or to produce document and the Registrar shall, after the tribunal has passed an order on the affidavit filed, issue summons to the party or his Advocate for service on the person concerned.
(2)Where the person to be summoned is a public servant, the party shall along with the application for summons, before summons is granted, pay the Registrar, a sum of money as appears to the Tribunal to be sufficient to defray travelling and other expenses of the person summoned for coming to the Tribunal and going back and for one day's attendance.
(3)Where the person to be summoned is not a public servant, it shall be the duty of the party who takes out the summons to produce the witness or cause the production of documents and if he fails to produce them it shall be deemed that he has given up the claim of additional evidence.
(4)Additional evidence,-Except in the following conditions, the parties to the appeal shall not be entitled to produce additional evidence, whether oral or documentary, before the Tribunal,-
(a)if the authority against whose order, the appeal or application is preferred, has refused to admit evidence which ought to have been admitted; or
(b)if the party seeking the additional evidence satisfies the tribunal that such evidence, notwithstanding the exercise of due diligence was not within his knowledge or could not be discovered or produced by him at the time when the order under appeal was passed; or
(c)if the Tribunal requires any document to be produced or witness examined so as to enable it to pass just order; and
(d)for any other sufficient reason Tribunal may allow such evidence or documents to be produced or witnesses examined :
Provided that where such evidence is received the other party Shall be entitled to produce evidence in rebuttal, if any.