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State of Rajasthan - Section

Section 49 in Chit Funds (Rajasthan) Rules, 1989

49. Procedure for bearing and decision of dispute.

- The Registrar or his nominee shall record in the official language in vague in the State, the evidence of the parties to the dispute and the witnesses as who attend. Upon the evidence so recorded and upon consideration of any documentary evidence produced by the parties, a decision shall be given by him in writing. Such decision shall be pronounced in the open court, either at once or as soon as may be practicable on some future day, of which due notice shall be given to the parties.
(2)Where neither party appears when the dispute is called out for hearing, the Registrar or his nominee may make an order that it be dismissed for default.
(3)Where the opponent appears and the disputant does not appears when the dispute is called out for hearing, the Registrar or his nominee may make an order that the dispute be dismissed, unless the opponent admits the claims or a part thereof, in which case the Registrar or his nominee as the case may be, may make an order against the opponent upon such admission, and where, part only of the claims is admitted, may dismiss the dispute in so far it relates to the remainder.
(4)Where the disputant appears and opponent does not appear when the dispute is called out for hearing, then if the Registrar or his nominee is satisfied from the record and proceedings that the summons was duly served, the Registrar or his nominee may proceed with the dispute exparte. Where the summons is served by any officer of the Registrar or his nominee, he shall make his report of service on oath.
(5)The Registrar or his nominee may not ordinarily grant more than two adjournments to each party to the dispute at his request. The Registrar or his discretion grant such further adjournments on payment of such costs to the other side and such fees to the Registrar or his nominee as the Registrar or his nominee as the case may be, may direct.
(6)Any party to a dispute may apply for and obtain a certified copy of any order, judgment or award made by the registrar or his nominee on payment of copying fees at the rate prescribed to Appendix II.