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Report No. 54

Execution-need for radical changes

26. It was observed by the Privy Council that the troubles of a litigant in India begin when he obtains a decree. Bearing this in mind, would you suggest any radical changes with reference to the provisions relating to execution, in order to reduce any delay .expense and inconvenience that is caused by the present provisions?

Appeals against orders

27. Would you favour any curtailment of the list of appealable orders as given in Order 43, rule 1?

Appeal by poor persons

28. Would you favour removal of the present restriction in Order 44, rule 1(2) on the right of appeal of a pauper?

Delay

29. Have you any other suggestions to make for reducing delay in the disposal of cases in so far as such delay is due to defects in the Code of Civil Procedure?

Poor person or persons with inadequate means-Legal aid and process fees

30. How far do you consider it the duty of the State to provide,-

(a) to a person, without any means; or

(b) to a person with inadequate means, the following facilities or concessions in full or part-

(a) legal aid;

(b) exemption from payment of process fees.1

1. See present restriction in Order 33, rule 8.

Court-fees-general

31. (a) What suggestions would you make for reducing the amount of court fees?

(b) In particular, do you agree with the view that court fees should be nominal and should not be a source of reimbursement to the State and certainly not a source of profit to the States?

Court-fees in appeal

32. Would you favour the insertion of a provision to the effect that at the time of filing of the appeal only one-fourth of the prescribed court-fee need be paid, and the remaining may be paid when the appeal is admitted?

Expenses other than lawyer's fees and court-fees

33. What concrete suggestions would you like to make as regards reduction of the expenses of litigation, in so far as such reduction could be achieved by an amendment of the Code of Civil Procedure?

Other amendments

34. Have you any other suggestions to make for amendment of the Code of Civil Procedure in the light of the scope of the present inquiry?1

1. See Introductory note.



The Code of Civil Procedure, 1908 Back




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