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

Report No. 27

"3. Power of Court to proceed notwithstanding the party's failure to produce evidence, etc.-Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the Court may, notwithstanding such default,-

(a) if the parties are present, proceed to decide the suit forthwith;

(b) if the parties or any of them is absent, proceed under rule 2."

Order XVIII, rule 2

In rule 2 of Order XVIII of the First Schedule to the principal Act, the following sub-rule shall be added, namely:-

"(4) Notwithstanding anything contained in this rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage".

Order XX, rule 1

Rule 1 of Order XX in the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-

"(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment; but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced.".

Order XX, rule 12A

After rule 12 of Order XX of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"12A. Decree for specific performance of contract for the sale or lease of immovable property.-Where a decree for specific performance of a contract for the sale or lease of immovable property orders that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made."

Order XX, rule 19

In rule 19 of Order XX of the First Schedule to the principal Act, in sub-rules (1) and (2), after the word "set-off" wherever it occurs, the words "or counter-claim" shall be inserted.

Order XXA (New)

After Order XX of the First Schedule to the principal Act, the following Order shall be inserted, namely:-

"Order XXA

Costs



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