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Report No. 54

Chapter 54



54.1. We have now come to the end of our Report. We shall take the opportunity of making certain general observations which are of importance in connection with the present inquiry.

Ultimate object of reform in procedure

54.2. The ultimate object of reform of procedure must be to make the trial of a cause in court a judicial investigation for the ascertainment of truth upon which to rest a righteous judgment, rather than merely a sporting contest of lawyers in the use of rules often adapted to obscure the truth and cause justice to miscarry. We hope that the recommendations which we have made will help in the realisation of this ultimate object.

54.3. It is also hoped that our recommendations will enable judicial officers to bring to bear on their work the best judicial qualities. A famous writer1 has, while describing the qualities needed in a Judge, expressed himself thus:-

"These, then are those faults which expose a man to the danger of smiting contrary to the law: a Judge must be clear from the spirit of party, independent of all favour, well inclined to the popular institutions of his country; firm in applying the rule, merciful in making the exception; patient, guarded in his speech, gentle and courteous to all. Add his learning, his labour, his experience, has probity, his practised and acute faculties, and this man is the light of the world, who adorns human life, and gives security to that life which he adorns."

1. Sydney Smith The Judge that smites contrary to the law, (1824), quoted in 29 Canadian Bar Review 344.

Recommendations to be taken as a whole

54.4. We should, finally, emphasise that our recommendations in this report should be read as a whole. They are not a series of detached suggestions, but parts of an integrated scheme, and have been made in pursuance of our general approach which we have explained at the outset.

We should, before we part with this Report, place on record our warm appreciation of the assistance we have received from Mr. Bakshi, Secretary of the Commission, in dealing with the problem covered by the Report. As usual, Mr. Bakshi first prepared a draft which was treated as a Working Paper. The draft was considered by the Commission point by point, and, in the light of the decisions taken tentatively by the Commission, Mr. Bakshi prepared a final draft for consideration which was after elaborate discussion approved by the Commission. Throughout the study of this problem, Mr. Bakshi took an active part in our deliberations, and has rendered very valuable assistance to the Commission.

P.B. Gajendragadkar, Chairman.

V.R. Krishna Iyer, Members.

P.K. Tripathi, Members.

S.S. Dhavan, Members.

P.M. Bakshi, Secretary.

New Delhi,

Dated: 6th February, 1973.

The Code of Civil Procedure, 1908 Back

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