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Report No. 27

Order XXXIII, rule 17 (New)

A recommendation was made in the Fourteenth Report1 for applying the provisions relating to suit by a pauper to defence of a suit filed against a pauper. This has been carried out with the modification that it will be confined to cases where a set-off, etc., is filed.

Compare the Bombay Amendment made in relation to the City Civil Court.

1. 14th Report, Vol. I.

Order XXXIV, rules 3(2), 5(3) and 8(3)

The proposed amendments make it clear, that before making a final decree in a mortgage suit, notice must be issued to all interested parties. The Madras Amendment to Order XXXIV, rule 5 (3) may be compared, and the suggestion made in the undermentioned case may also be seen1.

A review of the case-law will be found in the following decisions2-3.

1. Suresh Chandra v. United Bank of India, AIR 1961 Cal 534 (536), para. 9.

2. Baljit Singh v. Munshee Lal, AIR 1959 All 251.

3. Teeka Ram v. Tara Chand, AIR 1954 Nag 135 (140).

Code of Civil Procedure, 1908 Back

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