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Report No. 27

Order XII, rule 2

A recommendation has been made in the Fourteenth Report1, to empower the court to award penal costs against a party unreasonably neglecting or refusing to admit documents. (Such costs will be in addition to the costs awarded at present under this rule.)

After some consideration, it has been decided not to make this change, as it is felt that the existing provision is adequate.

1. 14th Report, Vol. I.

Order XII, rule 6

1. Certain local Amendments change this rule on two points

(i) They empower the court to pass a judgment (on admission) of its own motion also1, and

(ii) they provide that on such judgment, etc., a decree shall be drawn up.

See particularly, the Madras Amendment made in pursuance of the recommendation of the Civil Justice Committee2.

2. It is considered that these changes are unnecessary. Hence no amendment is proposed.

1. Under the existing law, this cannot be done, Abinash v. Surjya, ILR (1948) 1 Cal 141 (145).

2. Civil Justice Committee (1924-25), Report, p. 563, para. 16, bottom.

Code of Civil Procedure, 1908 Back

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