Report No. 27

Section 97

In section 97 of the principal Act, the words "passed after the commencement of this Code" shall be omitted.

Section 98

In section 98 of the principal Act, in sub-section (2), in the proviso,-

(a) for the words "composed of two Judges belonging to a Court consisting of more than two Judges", the words "composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench" shall be substituted;

(b) for the words "differ in opinion on a point of law, they may state the point of law", the words "differ in opinion on a point .........., they may state the point" shall be substituted.

Section 102

In section 102 of the principal Act, for the words "one thousand rupees", the words "three thousand rupees" shall be substituted.

Section 105

In section 105 of the principal Act, in sub-section (2), the words "made after the commencement of this Code" shall be omitted.

Section 115

For section 115 of the principal Act, the following section shall be substituted, namely:-

"115. Revision.-(1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court , and if such subordinate court appears-

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,

the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where-

(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding, or

(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto.

Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.".

Section 135A

In section 135A of the principal Act, in sub-section (1), for the word "fourteen", the word "forty" shall be substituted.

Section 144

In section 144 of the principal Act,-

(a) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Where and in so far as a decree or an order is varied or reversed, or is set aside or modified in any suit or proceeding instituted for the purpose, the Court of first instance, or, as the case may be, the Court whose decree or order is set aside or modified, shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and, for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are consequential on the variation, reversal, setting aside or modification of the decree or order.".

Section 145

For section 145 of the principal Act the following section shall be substituted, namely:-

"145. Enforcement of liability of surety.-Where any person has furnished security-

(a) for the performance of any decree or any part thereof, or

(b) for the restitution of any property taken in execution of a decree, or

(c) for the payment of any money, or for the fulfilment of .any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon. the decree or order may be executed in the manner herein provided for the execution of decrees,--

(i) if he has rendered himself personally liable, against him to that extent; and

(ii) if he has furnished any property as securihy, by sale of such property to the extent of the security;

(iii) if the case falls both under clause (i) and under clause (ii), then to the extent specified in those clauses; and such person shall, for the purposes of appeal, be deemed to be a party within the meaning of section 74:

Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

". Order I, rule 1

For rule 1 of Order I of the First Schedule to the principal Act, the following rule shall be substituted, namely:-