Section 39 in The Jammu and Kashmir Homoeopathic Practitioners Act, 2003
39. Procedure before prescribed authority.
(1)Subject to the provisions of the Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, Samvat 1977, to the trial of suits :Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.(2)The provisions of the Evidence Act, Samvat 1977 shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
