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Report No. 54

Litigation when causing burden

1.6. As the Supreme Court has observed1-

"The principal function of courts and tribunals is to settle the dispute between the parties and thereby give a quietus to the social frictions generated by the unresolved disputes. As long as a litigation lasts, the tension continues and useful energies will be wasted. This is not all. Every litigation means heavy financial burden to the parties."

Obviously, an expensive procedural system is a self-defeating instrument of justice.

1. Probhavati v. Pritam Kaur, AIR 1977 SC 1910 (1912) (Hegde J.).

Reforms needed to be considered

1.7. If, therefore, reforms in procedure appear to be needed to reduce the burden on parties, a body entrusted with the business of law reform need not hesitate to consider their suitability.

Course adopted with reference to earlier Code

1.8. The course which we have adopted with reference to the recommendations made in the earlier Report may be stated here. First, where we agree with the recommendations made in the earlier Report, we have not considered it necessary to deal with the matter, except as stated below. Secondly, where we agree with the earlier recommendations, and also consider it necessary to emphasise it, we have made a brief reference to it in this Report. Thirdly, where we disagree with an earlier recommendation or agree with it subject to a modification, we have naturally stated so in this Report, and indicated our own recommendation, if any. Fourthly, on matters not considered in the earlier Report, which required to be discussed, we have expressed our views and suggested additional amendments wherever we thought necessary.

1.9. Thus the position is that on matters falling within the first and second categories referred to above, the recommendations in the earlier Report should be consulted. On matters falling within the third category, the earlier recommendations should be taken as superseded or modified (as the case may require) by our recommendations. And, on matters falling within the fourth category, our recommendations should be taken as supplementing those made in the earlier Report.


1.10. We may mention here that when the subject was referred to us, we had, in order to elicit opinion on some of the important questions which required consideration, issued a questionnaire.1 We are grateful to all those who have favoured us with their views in response to the questionnaire. We have, wherever we consider it necessary, referred in this Report to the views expressed on the relevant questions; but it is needless to add that the replies on every question have received our most careful consideration.

The Code of Civil Procedure, 1908 Back

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