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Report No. 54

Chapter 1A

Main Objectives of Reform

Introductory

1A.1. We deal in this Chapter with the main objectives of reform of the Code as envisaged in this Report.

Stages of procedure and cases of delay

1A.2. We refer first to delay. The stages of procedure as provided in the Code are not numerous. But delay could occur because

(i) the interval between the stages becomes very long in a particular case, or

(ii) a particular stage of procedure itself consumes excessive time, or

(iii) extraneous factors prevent a particular stage from being reached-for example, where the suit has to await its turn for a long period because of the heavy file of the court.

1A.3. Examples of all these three types of delay could be furnished. For example, if, between the issue of a summons to the defendant and his actual appearance in Court an interval of two months elapses because of obstacles in the service of summons, delay of the first type occurs. Same is the case where frequent adjournments are granted without justification. Delay of the second type is illustrated by the parties producing too many witnesses, or counsels unduly prolonging the cross-examination of a particular witness. An illustration of the third type of delay is furnished by the familiar situation of a revision against an interlocutory order, whereby the next stage in the logical sequence of the case is prevented from being reached.

1A.4. It will be our endeavour to bear in mind these three aspects, while making concrete recommendations for amendment of the Code.

Expenses

1A.5. We refer next to expense. The principal expenses of a civil litigant in India are made up of-

(1) court fees;

(2) counsel's fee;

(3) expenses on witnesses;

(4) expenses for obtaining copies of documents.

(5) personal expenses for attending court, consulting counsel, and the like;

(6) costs, when directed to be paid to the opposite party.



The Code of Civil Procedure, 1908 Back




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