Print View

[Section Index]

The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985

( Ordinance NO. LIV OF 1985 )

Power and procedure of Court of Settlement
10. (1) Except as otherwise provided in this Ordinance, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall not apply to a Court of Settlement.
(2) For the purpose of hearing an application, a Court of Settlement shall have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) requiring evidence on affidavit;
(d) requisitioning any public record or copy thereof from any office; and
(e) issuing commissions for the examination of witnesses or document.
(3) Any proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (Act XLV of 1860).
(4) A Court of Settlement shall hold its sittings at such place or places as the Government may fix.
(5) A Court of Settlement shall, after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit.
(6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court.
(7) No appeal shall lie from any order or decision of the Court of Settlement to any other Court or authority.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs