1 ( 7h )
2 arbitration of an Apus Punchayet of not less than five members: each
3 party nominates two members—these four then jointly appoint their own
4 President.
5 . 73.. A Moochilka binding themselves to abide by the decision of the
6 Punchayet is registered by the parties in the Amildar’s Cutcherry. .
7 74, The Punchayetdars are authorized to summon witnesses, &c. and —
8 their Mahazur, on an application through the Amil-to the Superintendent,
9 is looked upon by the latter in the light of a legal decree and is acted
10 upon accordingly.
11 75. An Apus Punchayet i is not empowered to levy fines, fees or any
12 penalty. “
13 76. Razeenamahs, or bonds of mutual compact or agreement be-
14 tween parties, are, when properly attested, held to
15 be binding and valid documents in all the Courts of
16 the Territory, and it.is only under circumstances of fraud or collusion
17 that they are ever rejected.
18 77. Should a defendant fail to appear within the prescribed time,
19 and, after due notice has been given him, should be
20 unable to assign satisfactory reasons for his absence,
21 an ex-parte decree is passed by the Court.
22 78. Ex-parte decrees are admitted by an Appellate Court within
23 the prescribed period, on the appellant proving to the satisfaction of that °
24 Court, that his default or absence from the Lower Court was unavoid-
25 able and not wilful; and should such proof be accepted, the proceedings
26 are returned to the Lower Court for re-investigation : should it be réjected,
27 a fine is levied not exceeding double the amount of the fee imposed in ~
28 the Lower Court.
29 79. Original documents are not as a rule restored to parties filing
30 them in the Courts. When inecessary to them as re-
31 ferences, authenticated copies are given, and on the
32 final adjustment of a claim, his original documents
33 are, occasionally, by special sanction of the Commissioner, restored to the
34 party gaining the suit.*
35 80, With the exception of orders limiting the rate of interest which a
36 decree could award to 12 per cent. in money dealings,
37 and to 24 per cent. in grain transactions, and also
38 directing that a total of interest greater in’ amount than the original
39 ” Razeenamahs,
40 Ex-parte decrees.
41 Original docu-
42 ments.
43 Interest,
44 * Title-deeds are restored and copies only kept.