Stages of hearing

Querist : Anonymous (Querist) 12 May 2010 This query is : Resolved
In a dispute before Registrar of Cooperative Societies the matter was posted for cross examination of the Petitioner from defendant. Defendant was absent on that day. The Registrar has taken as no cross examination and delivered the award on the same day. Is it correct procedure? If defendant failed to cross examine then is it necessary to post the matter for the evidence of defendant?

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Devajyoti Barman (Expert) 12 May 2010
Was the cross-examination fixed for last chance because of protraction from the defendant?If not then the Registrar has done a wring thing by not giving a chance for cross examination and by giving the verdict hurriedly. If out of this non -cross examination there happened miscarriage of justice, the said verdict is likely to be set aside.

G. ARAVINTHAN (Expert) 13 May 2010
The Registrar should have given an opportunity to let Respondent, his side evidence

adv. rajeev ( rajoo ) (Expert) 13 May 2010
it is wrong procedure followed by the registrar, he could have given a chance to the defendant to lead his evidence. ONly on this ground appeal will be filed.

B K Raghavendra Rao (Expert) 13 May 2010
If the Defendant was not present before the Registrar on a particular day, ordinarily another opportunity would be given for cross-examination of the petitioner. The next step after cross-examination of the Petitioner is the examination-in-chief and cross-examination of the Defendant. After the examination of the Defendant, the case has to be posted for arguments and after hearing arguments from both the parties, Award or Decree shall be pronounced. All these steps cannot be bypassed. The Defendant has every right to make an application for recalling the orders of the Registrar for cross-examination once again and cross-examine the Petitioner.

N.K.Assumi (Expert) 13 May 2010
Invoke Order XXXVII Rule 4 of the Civil Procedure Code to restore the suit to file.

PJANARDHANA REDDY (Expert) 13 May 2010
will the cooperative tribunal strictly follow the cpc?

B K Raghavendra Rao (Expert) 14 May 2010
CPC is applicable to co-operative societies act only when the societies act is silent over an issue. Here, if the registrar has passed the award erroneously, the defendant may approach appellate tribunal for remedy.

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