(General) Rules, 1997-English - Panchyati Raj Department

judicial proceeding in which the Panchayat or an officer of the Panchayatin his official capacity is a party or has any interest.(2) The proposed defendant shall be given ample opportunity ofstating his view of the case and of coming to some agreement for thesettlement of the claim of the Panchayats out of Court.(3) No person having a just claim against the Panchayat should becompelled to report to litigation to enforce the same.(4) Communications made to the opposite party on the subject matterin respect of which it is possible that a suit may ensue shall be handed“without prejudice” and if made orally, shall be stated to be made “withoutprejudice.”(5) No suit on behalf of the Panchayat shall be instituted without theprevious sanction of the District Panchayat Officer in case of GramPanchayat or the Deputy Commissioner in case of Panchayat Samiti or theDirector of Panchayati Raj in case of Zila Parishad. While according thesanction, the District Panchayat Officer or the Deputy Commissioner or theDirector of Panchayati Raj, as the case may be, shall study the pros and consof the suit in question and examine the following facts which shall besubmitted by the concerned Panchayat, namely:-(a)the circumstances which in his opinion render the institution ofthe suit necessary, and precisely when or where these occurred ;(b) the subject of the claim and relief sought ;(c)(d)(e)(f)(g)(h)(i)the steps which have been taken to obtain satisfaction of theclaim without bringing a suit ;the pleas or objections, if any, which have been taken or raisedby the proposed defendant against the claim ;the evidence, both oral and documentary, which is believed tobe obtainable and which is proposed to be adduced in support ofthe claim ;whether the documents, if any, referred to clause(e) areregistered or not ;whether or not the circumstances of the person against whomthe suit is proposed to be instituted are such as to render it likelythat the execution of any decree that may be given against him,will be obtained ;the evidence, both oral and documentary, which, so far as isknown, the defendant will be able and is likely to adduce in hisdefence ;whether the documents, if any, referred to in clause(h) areregistered or not.40