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Report No. 27

Section 25

1. The object of this amendment is-

(a) to transfer to the Supreme Court the existing power vested in the State Government, and

(b) to confer on the Supreme Court the same wide powers of transfer as it has in criminal cases under section 527 of the Code of Criminal Procedure.

2. It is considered, that the section should cover transfer of cases from or to the original side of a High Court to or from any other civil court. It has, therefore, been framed in terms wider than those of section 527, Criminal Procedure Code.

3. In sub-section (1), it is considered unnecessary to use the word 'interested'. In sub-section (3), 'appeal' has been mentioned specifically.

4. The amount of compensation which the Supreme Court can award should, it is felt, be Rs. 2000 (instead of Rs. 1000 mentioned in section 527, Criminal Procedure Code). Sub-section (4) therefore differs on that point from section 527, Criminal Procedure Code.

Section 28

A suggestion has been made that when a summons is sent for execution to a court in another State, the return thereon should be made or translated in English so that the court which issued it may be able to understand the action taken on the summons. It is considered that this is a matter which can be dealt with by appropriate provision in the General Civil Rules and Orders in force in each State, without any amendment of the Civil Procedure Code.

(After section 31)

New point-Evidence of officers regarding stamps, etc.

The Law Commission has, in an earlier Report1, recommend the insertion of a special provision in the Criminal Procedure Code on the subject of evidence of officers of the Mint, Stamp Office, etc. The question, whether a similar provision should be inserted in the Civil Procedure Code also, has been considered. It is felt that it is not necessary to recommend the insertion of such a provision in the Civil Procedure Code.

1. 25th Report of the Law Commission (Evidence of officers about forged currency stamps, etc.-section 509A, Cr PC as proposed).

Section 35A

1. It is considered that the provisions of section 35A should not apply to revisions, just as they do not apply to appeals. Necessary change has been proposed. Compare the U.P. amendment.

2. The limit of one thousand rupees has been increased to two thousand rupees, in view of the fall in the value of money.

Section 36

Section 36 speaks of provisions relating to 'execution' of decrees. It is not clear whether Order XXI, rules 1 and 2, fall within these words (as Order XXI, rules 1 and 2 relate to a stage before execution). An amendment is proposed to make the position clear.

Code of Civil Procedure, 1908 Back

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