39Power of village courts to determine necessary parties
(1) Subject to the provisions of clause (c) or clause (d) of section 31 the village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register:
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Constitution of Village Authorities
- 4 Qualifications for membership of Village Authorities
- 5 Disqualifications for membership of Village Authorities
- 6 Term of office of members of Village Authorities
- 7 Election of members of Village Authorities
- 8 Power to remove members of Village Authorities
- 9 Resignation of members
- 10 Filling of causal vacancies
- 11 Bar to interference by courts in election matters
- 12 Election disputes
- 13 Validation of acts and proceedings
- 14 Incorporation of Village Authorities
- 15 Control of Village Authorities by sub-divisional magistrate
- 16 Functions of Village Authorities
- 17 Obligation to assist Village Authorities
- 18 Power of Chief Commissioner to call for records of Village Authorities, sub-divisional magistrate or Deputy Commissioner
- 19 Constitution of village courts
- 20 Jurisdiction of village courts in criminal cases
- 21 How cases may be instituted
- 22 Power of village courts to dismiss or refuse to entertain complaint
- 23 Dismissal of case for default
- 24 Proceedings preliminary to trial
- 25 Bar to appeal from the order of village courts, but power to order retrial
- 26 Power of village courts to impose fine or to award compensation
- 27 Power of village to release certain offenders after admonition or on probation of good conduct
- 28 Power of village courts to permit compounding of offences
- 29 Power to transfer criminal cases
- 30 Jurisdiction of village courts in civil cases
- 31 Certain suits not to be tried by village courts
- 32 Local limits of jurisdiction of village courts
- 33 How suits may be instituted
- 34 Suits barred by limitation are not triable by village courts
- 35 Dismissal of suits for default
- 36 Summons to defendants to appear and answer
- 37 Ex parte decision
- 38 No order to be set aside without notice to opposite party
- 39 Power of village courts to determine necessary parties
- 40 Certain suits not to be tried by village courts
- 41 Decision of village courts
- 42 Instalments
- 43 Decision of village court to be final; but power to order retrial
- 44 Death of parties
- 45 Fees
- 46 Execution of decree
- 47 Limitation for execution of decree or order
- 48 Procedure before village courts
- 49 Persons who are to preside over village courts
- 50 Village courts not to try any case or suiting in which the Village authority or any member thereof is interested
- 51 Attendance of witnesses
- 52 Appearance of parties before village courts
- 53 Appearance of women
- 54 Realisation of fees, fines, etc
- 55 Registers and records
- 56 Language of village courts
- 57 Power to make rules
- 58 Repeal and savings