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Report No. 54

Appeals in execution

9. Do you consider it advisable that the right of appeal against all interlocutory orders made under section 47 should be abolished?

10. Would you, as regards appeals against final orders under section 47, favour adoption of the principle that no such order shall be reversed or substantially varied, nor shall any case be remanded in appeal on account of any error, defect or irregularity in any proceedings not affecting the merits of the case or the jurisdiction of the Court?

11. Have you any other suggestions for restricting the right of appeal in respect of orders falling under section 47?

Appeals in general

12. Have you any other suggestions to make for reducing the multiplicity of appeals?

13. (a) Would you favour total deletion of section 115, Civil Procedure Code, (revision) leaving the High Court free to interfere under Article 227 of the Constitution in cases of gross miscarriage of justice?

(b) In the alternative, do you favour any curtailment of the right of revision? If so, in what direction?

(c) In particular, do you favour any curtailment of the right of revision in the case of interlocutory orders? If so, in what respects?

Service of summonses

14. Would you favour postal service of summonses in all cases?

15. Do you consider it desirable to allow service on the pleader of a party of all processes issued after the defendant enters appearance?

16. Do you favour an amendment permitting service of summonses by a party?

17. Do you favour the adoption of one or more of these methods of service simultaneously?

18. Would you permit the service of summonses on an agent nominated by the Government, a public corporation or a public company, in the case of a suit by or against them?

Arguments

19. Do you favour the introduction of written arguments in suits or appeals, and if so, what concrete suggestions would you make in this behalf?

Judgment and decree

20. (a) Do you think it desirable to provide that the last paragraph of the judgment should be so drafted as to indicate the relief granted in precise terms, thereby facilitating the drawing up of a formal decree without loss of time?

(b) Would you approve of the suggestion that in case a decree is not drawn up within a specified period, the aggrieved party may appeal against the judgment without filing a copy of the decree, treating the copy of the last paragraph of the judgment as the decree?

Execution of money decrees

21. What changes would you suggest in the existing procedure relating to the execution of money decrees, with a view to-

(a) avoiding delay, and

(b) simplifying the procedure?

22. Do you agree with the suggestion that where a decree for the payment of money remains unexecuted in spite of the best efforts of the decree holder, the State should assume responsibility for its payment upto a specified amount-

(a) if the decree is for damages for tort, for maintenance or arrears of maintenance, or

(b) the decree is against a public corporation, or

(c) the decree is for a debt and its non-executability is certified by the executing court as due to a refusal or neglect by the judgment debtor to pay notwithstanding the fact that he has had means to pay it?

23. (a) Do you suggest any liberalisation of the provisions as to suits by poor persons?

(b) Would you approve of the suggestion that the present definition of "pauper" be widened so as to include a person who is unable to pay a part of the court fees?

Temporary injunctions

24. (a) Would you favour any limitations on the courts power to issue temporary injunctions? In particular, do you favour an amendment to the effect that an ex parte interim injunction should not be granted save in exceptional cases, and for reasons to be recorded in that behalf?

(b) Would you favour the suggestion that in case an ex parte injunction is granted, it shall be discharged by the court if it is satisfied that the party which obtained the injunction is not taking diligent action to serve the opposite party or other steps necessary for the progress of the suit?

Stay of execution

25. Would you make the imposition of security compulsory before stay of execution is granted under Order 21, rule, 26(3) or Order 41, rule 5(4)?



The Code of Civil Procedure, 1908 Back




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