AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 27

Appendix IV

Summary of Recommendations in Respect of other Acts

1. Suits Valuation Act, 1887.-Rules should be made by High Courts under section 9 of the Suits Valuation Act1.

2. Limitation Act, 1963.-(i) The period of limitation under article 125 of the Limitation Act, 1963 (application for certification of payment or adjustment, etc.), should be increased from 30 days to 90 days2.

(ii) In article 98 of the Limitation Act, 1963, the portion relating to a suit under Order 21, rule 63 should be suitably amended in view of the proposed amendment to Order 21, rules 58 to 63, of the Civil Procedure Code for expanding the scope of the inquiry under those rules3.

(iii) Article 98 of the Limitation Act, 1963 should be suitably altered by omitting the portion concerning a suit to set aside the orders passed in proceedings under Order XXI, rules 97 to 102, Civil Procedure Code, in view of the amendments proposed to those rules for expanding the scope of the inquiry under those rules4.

3. Court Fees Act, 1870.-(i) In respect of appeals against orders under Order XXI, rule 58, which will be appealable as decrees under the proposed amendment to the Civil Procedure Code, a reduction of court-fees should be granted by State Governments, by issuing a notification under the relevant provision of the Court Fees Act applicable to the State, as has been done in most States in respect of order under section 47, Civil Procedure Code5.

(ii) Similar action should be taken in respect of appeals against orders under Order 21, rule 97 et seq as proposed to be amended6.

4. Indian Evidence Act, 1872.-The question how far a decree against a minor can be set aside on the ground of gross negligence of his guardian may be considered, if necessary, when the Evidence Act is revised7.

5. Law of Public Trusts.-Certain points concerning public trusts, arising from the recommendations of the Hindu Religious Endowments Commission, may be considered when the law of Public Trusts is revised8.

1. See Appendix II, section 15.

2. See Appendix II, Order 21, rule 2.

3. See Appendix II, Order 21, rule 58.

4. See Appendix II, Order 21, rule 97.

5. See Appendix II, Order 21, rule 58.

6. See Appendix IL Order 21, rule 97.

7. See Appendix II, Order 32, rule 3.

8. See Appendix II, section 92.



Code of Civil Procedure, 1908 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys