94.Procedure for settlement of disputes and power of Co-operative Court
(1)The Co-operative Court], hearing a dispute under the last preceding section, shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including 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.
(1A) Save as otherwise provided in this Act, every dispute in relation to any election shall be heard and decided by the Co-operative Court as expeditiously as possible and endeavour shall be made to conclude the hearing and decision within six months from the date on which the dispute is filed before it.]
(2)Except with the permission of 2[the Co-operative Court] no party shall be represented at the hearing of a dispute by a legal practitioner.
(3)(a) If 3[the Co-operative Court] 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, 4[it may order], that the person who has acquired the interest in the property may join as a party to the dispute ; and any decision that may be passed on the reference by 5[the Co-operative Court] 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 the wrong person, or where all the defendants have not been included, 5[the Co-operative Court] may, at any stage of the hearing of the dispute, if satisfied that the mistake was bona fide, order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as 6[it thinks just.]
(c)The Co-operative Court may], at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to 8[the Co-operative Court], to be just, order that the name of any party improperly joined whether as plaintiff or defendant, be struck out, and the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before 8[the Co-operative Court], may be necessary in order 9[to enable the Co-operative Court] effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.
(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 of such reliefs ; but if he omits to claim for all such reliefs, he shall not forward a claim for any relief so omitted, except with the leave of 1[the Co-operative Court].
(3A) If the disputant is present and the opponent is absent, when the dispute is called out for hearing, the Co-operative Court may decide the dispute ex-parte, and pass an award. The Co-operative Court, may set aside the ex-parte, award upon such terms as to the payment of costs, to the court or otherwise as it thinks fit, if the opponent makes an application within thirty days from the date of the award, and satisfies the court that there was sufficient cause for his failure to appear, when the dispute was called out for hearing and appoint a day for hearing and deciding the dispute on merits.
(3B) If the opponent is present and the disputant is absent, when the matter is called out for hearing, the Co-operative Court may dismiss the dispute for default, and pass an award accordingly. The Co-operative Court may restore the dispute which is dismissed for default and restore the same, upon such terms as to the payment of costs, as it thinks fit, if the disputant makes an application within thirty days from the date of its dismissal, and satisfies the court that there was sufficient cause for his failure to appear, when the dispute was called for hearing and appoint a day for hearing and deciding the dispute on merits.]
(4) Save as otherwise directed by the State Government in any case or class of cases, every dispute shall be decided in such summary manner as may be prescribed and as expeditiously as possible].
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