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60. Procedure of Tribunal.-

(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.

(2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced: Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.

(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any parson and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its orders and decisions;

(g) dismissing an application or appeal for default or deciding it ex parte;

(h) setting aside any order of dismissal of any application or appeal for default or any order passed by it ex parte;

(i) for the execution of its orders and decisions and orders and decisions of Rent Authority under this Act, like decree of a civil court without reference to any civil court; and

(j) any other matter which may be prescribed.

(4) No adjournment shall be granted by the Tribunal without recording the reasons justifying the grant of such adjournment in the case and costs shall be awarded, if a party asks for adjournment for third and subsequent times.

Delhi Rent Act, 1995 Back

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