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Report No. 54

Chapter 1C

Extent of and Application of The Code and Other

Preliminary Matters


1C.1. The extent and application of the Code and other preliminary matters are dealt with in sections 1 to 8 in the body of the Code.

Section 1 and Laccadive Islands

1C.2. There is one point to be considered regarding the territorial extent of the Code. This relates to the Laccadive Islands.

In the earlier Report,1 it was stated-

"Incidentally, it may be added that the Administrator of the Laccadive, Minicoy and Amindivi Islands has, in his suggestion relating to the Civil Procedure Code sent to the Commission, suggested that sections 36 to 43 should, for uniformity, extend also to Laccadive and Minicoy Islands. (At present, they extend only to Amindivi Islands). This has been accepted, and Order 34 also proposed to be extended to those Islands".

1. 27th Report, note on section 1, para. (vi).

1C.3. This was a very limited suggestion, we find, however, that by a Regulation,1 practically the whole Code of Civil Procedure has been extended to those Islands. Having regard to the rather undeveloped condition of those Islands, we suggest that Government should reconsider the question how far the Code of Civil Procedure should extend to these Islands.

1. Regulation 8 of 1965, effective from 1st October, 1987.

1C.4. From a letter1 which the Commission has received from the Member of Parliament representing the Islands, it would appear that there are no lawyers in the Islands, and English knowing people are few. Facilities for prompt movement are also not available, and a sophisticated Code of Procedure may not be quite appropriate for these areas. Similar observations were made in a judgment of the Kerala High Court.2

We express no opinion on the point; but recommend that the Government may have this aspect examined, after inquiring into local conditions prevailing in the Islands, and consider the question whether the law should be simplified.

1. Letter of Shri P.M. Sayeed, M.P. to the Law Commission, dated 20th April, 1972.

2. M.P. Atta Kova v. N.K. Kova Thangal, Second Appeal No. 1119 of 1960 decided on 23rd October, 1970 (Ker).

The Code of Civil Procedure, 1908 Back

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