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Report No. 27

18. Defects in procedure.-The Law Commission, after eliciting public opinion, came to the following conclusion in the Fourteenth Report1:-

"It was generally agreed that the Code of Civil Procedure is an exhaustive and carefully devised enactment, the provisions of which if properly and rigidly followed are designed to expedite rather than delay the disposal of cases. Delay results not from the procedure laid down by it but by reason of the non-observance of many of its important provisions, particularly those intended to expedite the disposal of proceedings."

While we generally agree with the above conclusion, we think that for better subserving the ends of justice and for eliminating delay, some of the provisions of the Code are capable of improvement.

1. 14th Report, Vol. I.

19. Problem examined under three stages.-The problem of delay due to defects in procedure may be examined with reference to three stages:-

(1) delay in the trial of suits;

(2) delay at the appellate stage; and

(3) delay in execution proceedings.

20. Delay in trial of suits.-Statistics collected by the Law Commission for the purposes of the Fourteenth Report1 revealed, that 65 to 70 per cent. of suits are disposed of within one or two years.2-3 It is, however, possible to improve the procedure so that suits can be disposed of in a shorter period. Delay in the trials of suits may be divided under two heads-(i) delay before trial and (ii) delay during trial.

1. 14th Report, Vol. I.

2. 14th Report, Vol. I.

3. We tried to secure up-to-date figures on the subject, but replies in respect of several States have not yet been received.

Code of Civil Procedure, 1908 Back

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