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Report No. 27

The Code of Civil Procedure, 1908

Code of Civil Procedure, 1908
Importance of the subject
Historical background-the 1859 Code
The 1877 Code
The 1908 Code
Present Code well-thought out
Twin problem of costs and delay
Problem of delay
Indigenous system
Some delay inherent in English system
Defects in procedure
Delay before trial
Documents to be filed by defendant
Appeals in England
Delay in execution-Order 21, rule 58 and rule 97
Human factor re-emphasised
Section 80
Section 115
Restriction on revision against interlocutory orders
Sections 121 to 128
Order XXI and 'garnishee' proceedings
Order XLVII, rule 7
Appendix I Proposals as shown in the Form of Draft Amendments to the Existing Code
Section 1 to 42
Section 47 to 95
Section 97 to 145
Who may be joined as plaintiffs
Who may be joined as defendants
One person may sue or defend on behalf of all in the same interest
Service on male member
Service in foreign territory through Political Agent or Court
Pleading to state material facts and not evidence
Counter-claim by defendant
Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs
Oral examination of party or companion of party
List of witnesses and summons to witnesses
Summons how served
Power of Court to proceed notwithstanding the party's failure to produce evidence, etc
Provisions relating to certain items
Modes of paying money under a decree
Custody of movable property
Attachment of salary or allowances of private employees
Adjudication of claims to, or objections to attachment of, attached property
Application to set aside sale on ground of irregularity or fraud
Order to be passed upon application complaining of resistance
Questions to be determined
Questions objected to before the Commissioner
Appearance under protest
Security to be furnished by the next friend when so ordered
Savings regarding Rulers
Suits in forma pauperis
Provisions applicable to attachment
Order of remand to mention date of next hearing
Affidavit of Assets to be Made by a Judgment-Debtor
Notice to Certificated, Natural or De Facto Guardian
Appendix II Notes on Clauses
Section 1 (Extent)
Section 7
Section 11
Section 20
Section 21 and execution
Section 21A (New)
Section 24(2)
Section 25
Section 37
Section 39
Section 42
I. Case-law before 1956 amendment
II. Amendment of 1956
III. Position after 1956 amendment
Section 47 to 58
Section 60
Sections 63 and 66
Sections 73 to 80
Section 82
Section 87B
Section 92 and cypres
Section 92 and costs
Sections 95 to 100
Sections 102 to 139
Sections 144 to 152
Order I, rule 1
Order I, rule 11
Order II, rule 6
Order III, rule 1
Order III, rule 4
Order V, rule 2
Order V, rule 20
Order VI, rule 14A (New)
Order VI, rule 16
Order VII, rule 1
Order VII, rule 11
Order VIII, rule 1
Order IX, rule 2
Order IX, rule 9
Order XI, rule 6
Order XI, rule 19(2)
Order XII, rule 2
Order XIII, rule 2
Order XVI, rule 1 and credibility
Order XVI, rule 12
Order XVII, rule 2 and disposal on merits
Order XVII, rule 2 and Allahabad Amendment
Order XVII, rule 3
Order XVII, rules 2 and 3 compared
Order XVIII, rule 2
Order XX, rule 1
Order XXA, rule 1
Order XXI, rule 2 (1)
Order XXI, rule 2(2) (New)
Order XXI, rule 2 and limitation
Order XXI, rule 2 and counter-affidavits
Order XXI, rule 5
Order XXI, rule 22
Order XXI, rule 22 and Insolvency
Order XXI, rule 24 (3)
Order XXI, rule 31
Order XXI, rule 41
Order XXI, rule 42
Order XXI, rule 50(1)
Order XXI, rule 53(1)
Order XXI, rule 54(1)
Order XXI, rule 57
Order XXI, rule 58
Order XXI, rule 59
Order XXI, rule 66
Order XXI, rule 72
Order XXI, rule 84 (2)
Order XXI, rule 89
Order XXI, rule 90
Order XXI, rule 92(1)
Order XXI, rule 95
Order XXI, rule 102
Order XXII, rule 4 and legal representatives not traceable
Order XXIII, rule 1 (3A)
Order XXV, rule 1
Order XXVI, rule 17
Order XXX, rule 2
Order XXX, rule 10
Order XXXII, rule 1
Order XXXII, rule 1 and costs
Order XXXII, rule 6
Order XXXIII, rule I
Order XXXIII, rule 11
Order XXXIII, rule 15 and "refusal"
Order XXXIII, rule 17 (New)
Order XXXIV, rule 15
Order XXXIX, rule 1
Order XL1, rule 1
Order XLI, rule 5
Order XLI, rule 11
Order XLI, rule 14
Order XLI, rule 20
Order XL1, rule 25
Order XLIII, rule 1
Order XLIII, rule 1(w)
Order XLIV, rule 1(2)
Order XLVII, rule 7
Appendix III Comparative Table
Comparative Table
Appendix IV Summary of Recommendations in Respect of other Acts
Summary of Recommendations in Respect of other Acts
Note by Shri S.K. Hiranandani

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