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Report No. 27

Section 47

In section 47 of the principal Act,-

(a) after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) The provisions of section 11 shall, so far as may be, apply in relation to proceedings under this section, as they apply to suits.";

(b) for the Explanation, the following Explanations shall be substituted, namely:-

"Explanation I.-For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed ...............are parties to the suit.

[Cf. section 47 Expl., earlier half]

Explanation II.-- ...........For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed, and all questions relating to delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.".

[Cf. section 47 Expl., latter half.]

Section 58

In section 58 of the principal Act, in sub-section (1), in clause (a), for the words "fifty rupees", the words "two hundred rupees" shall be substituted.

Section 60

In section 60 of the principal Act, in sub-section (1),

(a) in the proviso,

(i) in clause (g), after the words "pensioners of the Government", the words "or of a local authority or of any other employer" shall be inserted;

(ii) in clause (i), for the proviso, the following proviso shall be substituted, namely:-

"Provided that where the whole or any part of the portion of such salary liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months and, where such attachment has been made in execution of one and the same decree, shall be finally exempt from attachment in execution of that decree.";

(iii) in clause (j), for the words and figures "the Indian Navy (Discipline) Act, 1934", the words and figures "the Navy Act, 1957 (62 of 1957)" shall be substituted;

(b) for Explanation 1, the following Explanation shall be substituted, namely:-

"Explanation 1.-The particulars mentioned in clauses (g), (h), (i), (ia), (j), (1) and (o) are exempt from attachment or sale whether before or after they are payable, and in the case of all salaries the attachable portion thereof is liable to attachment whether before or after it is actually payable";

(c) In Explanation 2, for the words, brackets and letters "clauses (h) and (i)", the words, brackets and letters "clauses (i) and (ia)" shall be substituted.

Section 80

Section 80 of the principal Act shall be omitted.

Section 82

For section 82 of the principal Act, the following section shall be substituted, namely:-

"82. Execution of decree against Government or public officer.-(1) Where in a suit by or against the Government, or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, execution shall not be issued on the decree unless it remains unsatisfied for a period of three months, or such other period as the Court may fix in a particular case, computed from the date of the decree.

[Cf. section 82(1) and 82(2).]

(2) The provisions of sub-section (1) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award-

(a) is passed or made against the Union of India or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority, and

(b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.

(3) The Court may, in its discretion, from time to time, enlarge the period specified in subsection (1) or fixed by the Court under that sub-section, even though the period so specified or fixed may have expired.".

[Cf. section 148, C.P.C.]

Section 95

In section 95 of the principal Act, after sub-section (1), the following Explanation shall be inserted at the end, namely:

"Explanation.-Compensation may be awarded under this section for injury to reputation.".

Code of Civil Procedure, 1908 Back

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