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Report No. 27

Appendix III

Comparative Table

Showing the recommendation made in the Fourteenth Report by the Law Commission (Reform of Judicial Administration) and the provision, Whereunder the recommendation has been dealt with in this Report.

Page* of Fourteenth Report, Volume I

Provision of the Civil Procedure Code whereunder dealt with1

Page 273, para 17

(urging the conferment of powers on subordinate court under section 92, C.P.C.

This does not necessitate a change in the law.

It requires only suitable orders by State Government under section 92.

Page 275, para. 22, read with para. 21.

(Summary procedure shou7ld be extended to subordinate courts in important commercial towns.)

Order 37.

(Left for State Governments and High Courts.)

Page 276, para 23, last two sentences.

(Extension of third party procedure to courts in commercial towns.)

Note on third party proceedings (at the end).

(Left for High Courts.)

Page 299, para. 6.

Order VI, rule 15.

Page 303, para. 12 and page 330, para. 53.

(Verification of pleadings to on oath.)

See also Order IX, rule 6.

(Not carried out.)

Page 302, para. 11.

(Form of Summons be amended by providing (I) a direction to the defendant to file a written statement by a date which should be the date fixed for the settlement of the written statement is not filed by that date, the matter may be dealt with ex prate.)

Form No. 2.

(Not carried out.)

Page 303, para. 12.

(Written statement to be verified on oath.)

See under Fourteenth Report, page 299.

Page 303, para. 13.

(Not less than 3 months time from the date of summonses be given to Government for filing of written statement.)

Order XXVII, rule 5.

(Not carried out)

Page 304, para. 14.

(Services of processes be effected on the registered address of the parties.)

Order VI, rule 14A (New).

(Carried out.)

Page 304, para 15.

(Process forms should be filled in and filed by parties with plaint.)

Note on filing of form of process (at the end).

(Left for High Courts.)

Page 310, para 24, last sub-para.

(service of summonses by post.)

Order V, rule 19A (New), consequentially, Order V, rule 20A is omitted.

(Carried out in substance.)

Page 311, para. 25.

(Failure to effect service in the ordinary manner after two attempts to be deemed a sufficient reason for ordering substituted service.)

Order V, rule 20.

(Not carried out.)

Page 316, para. 32, first sub-para.

(Production and filing of list of documents by defendant with his written statements.)

Order VIII, rule 1.

(Carried out with modification.)

Page 316-317, para. 32.

(Penal costs against a party for wrongful or unreasonable refusal to admit documents.)

Order XII, rule 2.

(Not carried out.)

Page 325, para. 45 and page 328, para. 50.

(List of witnesses to be filed.)

Order XVI, rule 1.

(Carried out in substance.)

Pages 327-328, para. 49.

(Credibility of witnesses brought without summonses not to be doubted on that ground.)

Order XVI, rule 1.

(Not carried out.)

Page 328, para. 49, last sentence.

(Process-fees not payable for witnesses brought privately.)

Order Xvi, rule 7A(5) (New).

(Carried out.)

Page 327, para. 49, middle.

(Parties should, in the first instance, be made responsible to procure attendance of their witnesses, but in tat case the impartially of witnesses not to be suspected on that ground.)

Order XVI, rule 7A (New).

(Carried out in a different form.)

Page 330, para. 53.

(Judgments on allegations inn pleadings would be possible if verification of plaints on oath is required.)

Order VI, rule 15. See also Order 9, rule 6.

(Not carried out.)

Page 340, para. 71.

(Parties to enter the witness-box before their other witnesses examined.)

Order XVIII, rule 3.

(Not carried out.)

Page 345, para. 80.

(Power to dictate record of evidence to be given.)

Concerns section 138, and Order XVIII, rules 5, 8, 13, etc.

(Not carried out. See discussion under section 138 and Order XVIII, rule 5.)

Page 348, para. 87.

(Only findings on issues and the final orders in the judgments need be read out.)

Order XX, rule 1.

(Carried out.)

Page 349, para 89.

(Courts to be empowered to order the next friend to give security for payments of defendant's costs.)

Order XXXII, rule 4.

(Not carried out in a modified form.)

Page 352, para. 95.

(Appointment of officer of Court to be mandatory on the failure of the appointed natural or de factoguardian, to agree to act as a guardian o9f the minor.)

Order XXXII, rule 4.

(Carried out.)

Page 353, para . 96.

(Notice to the minor to be discretionary with the court.)

Order XXXII, rule 3.

(Carried out.)

Pages 354-355, para. 99, last sentence.

(Commissioner recording evidence should record the disallowed question and the answer thereof. It will be for the court to admit or not to admit such a question.)

Order XXVI, rule 16A (New).

(Carried out with modification.)

Page 377, paras, 23 and 24.

(The limit of Rs. 1,000 under section 102 C.P.C. Be raised to Rs. 2,000, and this restriction against second appeals in suits below the specified amount be extended to all suits, except suits involving rights in respect of immovable property.)

Section 102.

(Carried out in part and with modification.)

Page 377-378, paras. 25-26.

(Kerala Amendment of section 100, which provides for a second appeal in case the finding of the lower appellate court on any question of fact was in conflict with the finding of the trial court disapproved.)

Section 100.

(Necessary action to be taken separately.)

Page 385, para. 2, last sentence.

(Filing of an appeal under special enactments without copies of the decree or judgment of the lower court to be permitted.)

Order XLI, rule 1.

(Not carried out in view of the new Limitation Act.)

Page 385, para. 3.

(Condonation of delay under section 5, Limitation Act in filing the appeal to be decided before admitting the appeal.)

Order XLI, rule 3A (New.).

(Carried out in substance.)

Page 386, paras. 4 and 5.

[(i) In appeal from final decrees in partition suits containing allotment papers, the filing of only a portion of the said papers should be sufficient.

(ii) Where more cases than one are disposed of by a single judgment, only one copy of the judgment of the lower court to be sufficient for filing an appeal.]

Order XLI, rule 1.

(Not carried out.)

(Carried out.)

Page 386 (387), para. 6.

(Precise order sought in appeal to be stated.)

Order XLI, rule 1.

(Not Carried out.)

Page 388, para. 9.

(A brief judgment should be delivered by subordinate appellate courts, when dismissing appeals under Order 41, rule 11, C.P.C.)

Order XLI, rule 11.

(Carried out.)

Page 390, para. 17.

(Memorandum of appeal to be accompanied by certified copies of judgments of both courts.)

Order XLI and second appeals.

(Left for High Courts.)

Page 392, para. 16, last sub-para.

(In admitting second appeals the judge should state the point or points of law which arise for consideration.)

Section 100.

(Not carried out.)

Page 392, para. 17.

(Certified copies of judgments of both the lower courts and a true translation of the disputed document to be filed with the memorandum of appeal)

Order XLI and second appeals.

(Left for High Courts.)

Page 393, para. 20.

(The addresses of the appellant and the respondent to be stated in the memorandum of appeal.)

Please see under 14th Report, pages 393-394.

Page 393, para. 21.

(Not notice of appeal necessary on persons against whom proceedings were ex parte in lower court.)

Order XLI, rule 14.

(carried out.)

Page 393, para. 22.

[(i) Process fee to be paid with memorandum of appeal; otherwise appeal to be rejected;

(ii) Process fee to be refunded in case of summary dismissal;

(iii) Process forms to be filled by appellant.]

Order XLI, rule 18.

(Left to High Courts.)

Page 393-394, paras, 20, 22, 23, and 24.

(Memorandum of appeal to state appellant's address for service; service of notice to be permitted by registered post; contesting respondent to enter appearance in appeal by filing a memorandum of appearance within specified period.)

Order XLI and first appeals.

(Left to High Courts.)

Page 394, para. 23.

(Contesting respondent to intimate whether he wishes to defend, etc.)

First Schedule, Appendix G.

(Carried out.)

Page 405, para. 45, second sub-para.

(Scope of Order 41, rule 27 be expanded.)

Order XLI, rule 27.

(Carried out.)

Page 405, para. 46.

(Order 41, rule 23 be amended by empowering the appellate court to remand a case whenever it thinks it necessary in the interesting of justice.)

Order XLI, rule 23A.

(Carried out in substance.)

Pages 405, 406, para. 47, earlier half.

(Remand order to fix period for resubmission of case.)

Order XLI, rule 25.

(Carried out.)

Page 406, para. 47, last sentence.

(In, the remand order, a date should be fixed on which the parties should appear before the lower court to receive directions regarding the suit.)

Order XLI, rule 26A.

(Carried out.)

Page 406, para. 48, second sub-paragraph.

(Section 98 C.P.C. Be amended to bring it in line with clause 36 of Letters Patent.)

Section 98.

(Carried out in substance.)

Page 420, para 14.

(A provision be made limiting the powers of the court to grant stay in revision applications.)

Revision and stay of execution.

(Not carried out.)

Pages 422-423, paragraph 19 ans also page 420, para 13.

(Recommendations for amending section 115 C.P.C.)

Section 115.

(Carried out in substance.)

Page 439-440, paras 14-15.

(Certain additional powers be conferred on the court to which a decree is transferred for execution.)

Section 42.

(Carried out in part.)

Pages 439-440, para 18.

(Provision for constructive res judicata in execution proceeding suggested.)

Section 47.

(Carried out.)

Pages 441, para. 20 second sub-para.

(No appeals against orders in execution cases regarding payment of an amount within the limits of the small cause jurisdiction of the court executing the decree.)

See under "Appeals against order under section 47".

(Not Carried out.)

Page 442, para. 21.

(Admission of appeals against orders in execution of money-decrees to be made conditional on deposit of security.)

Order XLI, rule 11.

(Not carried out.)

Pages 443-444, paras 25 and 28.

(Oral pleas of payment of the decretal amount to be excluded from recognition by courts.)

Order XXI, rules 1 and 2.

(Carried out in substance and rule made more stringent.)

Page 444, para. 27.

(Special form of money-orders for remitting decretal amounts.)

Order XXI, rule 1.

(Not carried out.)

Page 441, para. 28.

(No limitation for getting certification of payments made through a bank or a post office.)

Order XXI, rule 2.

(Not carried out, but other modification proposed.)

Page 445, para. 29.

(Modification of the tabular form of execution-application.)

Order XXI, rule 11.

(Not carried out.)

Page 445, para. 30.

(Courts not to reject execution-application summarily for defects.)

Order XXI, rule 17.

(Carried out.)

Page 445, para 31.

(Order of return of execution-application to be specific as to amount.)

Order XXI, rule 17.

(Carried out.)

Page 447, para 34, middle.

(Increase of period under Order 21, rule 22 to 3 years.)

Order XXI, rule 22.

(Carried out with modification.)

Page 447, para 34, last portion.

(Omission to issue notice under Order 21, rule 22 not to be fatal.)

Order XXI, rule 22.

(Not carried out.)

Page 448, para. 36.

(Notice of arrest of judgment-debtor to be discretionary.)

Order XXI, rule 37.

(Not carried out.)

Page 448, para 38.

(Change suggested regarding notice under Order 21, rule 66.)

Order XXI, rules 54 and 66.

(Carried out with modification.)

Page 449, para 40.

(Stay of execution proceedings under Order 21, rule 26 should be conditional on furnishing of security.)

Order XXI, rule 26.

(Not carried out.)

Page 450, para. 43, first sentence.

(No temporary injunction regarding stay of execution sales.)

Order XXXIX rule 1.

(Not carried out.)

Page 451, para. 45.

(The issue of the existence of a garnishee debt to be tried by the executting court.)

Order XXI, rule 46A et seq. (New).

(Carried out.)

Page 453, para. 48 last sentence.

(Sale not to be postponed pending objections against attachment, but confirmation may be postponed.)

Order XXI, rule 59 (proposed).

(Carried out with modification.)

Page 453, para 49 (portion concerning Order 21, rule 58).

(Inquiry under Order 21, rule 58 to be elaborate and to cover questions of title.)

Order XXI, rule 58 et seq.

(Carried out in substances.)

Page 453, para 49 (portion concerning Order 21, rule 97).

(Suits under Order 21, rule 103 to be barred. Inquiry under rule 97 et seq. To be elaborate.)

Order XXI, rule 97 et seq.

(Carried out in substance.)

Page 454, para. 50.

(Estimate of the value of the property to be sold need not be given by court, etc.)

Order XXI, rule 66.

(Carried out in part.)

Page 454-455, para 51.

(Application to set aside execution sale under rule 90 not to be entertained unless amount not exceeding 12 per cent of sale price deposited.)

Order XXI, rule 90.

(Not carried out.)

Page 454-456, para 51.

(Sale not to be set aside at the instance of certain persons for defect in proclamation.)

Order XXI, rule 90.

(Carried out in a wider form.)

Page 455, para. 53.

(Period under Order 21, rule 31 to be reduced.)

Order XXI, rule 31.

(Carried out in substance.)

Page 455, para. 54.

(Period under Order 21, rule 32 to be reduced.)

Order XXI, rule 32.

(Carried out.)

Page 455, para. 55.

(Period between the date of publication of the proclamation of sale and actual sale.)

Order XXI, rule 68.

(Carried out.)

Page 456, para 56, first three lines on the page.

(Adjournment of a sale and fresh proclamation.)

Order XXI, rule 69.

(Carried out in part.)

Page 456, para. 57.

(Bid at a court sale by the decree-holder.)

Order XXI, rule 72.

(Not carried out.)

Page 476, last two paragraphs on the page.

(Notice under section 80, C.P.C. To the Government and under similar provisions to other bodies like railways and the municipal committees, etc., to be dispensed with. But a provisions for costs where suit filed without notice to be made.)

Section 80.

(Carried out, but provision for costs considered unnecessary.)

Page 480, para, 11, third and fourth sub-paragraphs.

Order XX -A (New).

(Carried out in substance.)

Page 482, paras. 15 and 17.

Pages 483-484, para. 20.

Page 484, para. 23, second sub-para.

(Notice charge, expenses on witness brought by summonses, inspection charges and charges for obtaining copies of decrees and judgments should be allowed towards costs of the suit.)

Page 598, para. 17(4).

(Definition of "pauper" to be amended.)

Order XXXIII, rule 1.

(Carried out with modification.)

Page 598, para. 17(5).

(Defence as a pauper be allowed.)

Order XXXIII, rule 17.

(Carried out with modification.)

Page 598, para. 17(6).

(Expression "pauper" to be replaced by the expression " person".)


(Not carried out.)

* The page nos. mentioned here refer to the Original Report-published by the Law Commission of India.

1. See Notes on Clauses.

Code of Civil Procedure, 1908 Back

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