Section 107 in Sikkim Co-Operative Societies Act, 1978
107. Procedure for settlement of disputes and power of the Registrar or any other person to whom a dispute is referred or an appeal is made for decision.
(1)The Registrar or any other person to whom a dispute is referred for decision or an appeal is made against any order or decision made under this Act, shall hear the dispute or the appeal in the manner prescribed, and shall have power to summon and enforce attendance of witnesses inc1uding 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 a civil court by' the Code of Civil Procedure, 1908.(2)except with the permission of the Registrar or any other person deciding" a dispute, as the case may be, no party shall be represented at the hearing of a' dispute by a legal practitioner.(3)(a)If the Registrar or any other person to whom a dispute is referred 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, order or award that may be passed by the Registrar or his nominee or any other person 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 a wrong person, or where all the defendants have not been included, the Registrar or any other person to whom a dispute is referred for decision under section 72 may at any stage of the hearing of the dispute, if satisfied that the mistake was bonafide, order substitution of parties upon such terms as he may think just.(c)The Registrar or any other person, to whom a dispute is referred for decision under section 72, may at any stage of the proceedings, either upon or without the application of any party, and on such terms. as may appear to the Registrar or any other person deciding a dispute, as the case may be, to be just, order the removal of the name of any party improperly included in the dispute and substitution of the name of any person who ought to have been included in the dispute or whose presence before the Registrar, or any other person deciding the dispute, as the case may be, may be necessary for effectually and completely adjudicating upon and'; settling all the questions involved in the dispute.(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 or any of such relief's; but if he omits to claim for all such relief's he shall not forward a claim for any relief so omitted, except with the leave of the Registrar or any other person to whom a dispute is referred for decision.
