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Report No. 54

The Code of Civil Procedure, 1908

Contents
Chapter 1 Introduction
Introduction
Litigation when causing burden
Chapter 1A Main Objectives of Reform
Introductory
Various heads of expense
Chapter 1B Our Approach and Principal Recommendations
Main objectives
Need for improvement
Written Statements
Delay caused by stay orders
Chapter 1C Extent of and Application of The Code and Other>
Preliminary Matters
Chapter ID Suits in General
Introduction
Section 11-whether requires amendment in consequence of recommendation for trial of all issues
Section 11 and competence to try subsequent suit
Lack of jurisdiction
Section 11-Explanation 2
Section 20 and suits against the Government
Section 20(c) and proposed Explanation 3
Recommendation
Section 28 and summons sent to another court in another State
Chapter 1E Execution
Introductory
Position in the U.S.A
Section 60(1), Proviso, clause (i)
Recommendation
Section 60(1) and agricultural labourers
Section 64
Chapter 1F Incidental Proceedings
Incidental Proceedings
Chapter 1G Suits in Particular Cases
Introduction
Position in England
Execution-Present practice
Chapter 1H Special Proceedings
Special Proceedings
Chapter 1-I Supplemental Proceedings
Supplemental Proceedings
Chapter 1J Appeals-First and Section Appeals
Introductory
Recommendation
Commission's approach to proper scope of second appeal
Search for absolute truth to be limited
Clause (c)
Basic Principle departed from
View of previous Commissions and of High Court Arrears Committee
Commission's conclusions arrived at after considering the replies
Formula indicated
Direction of historical evolution
Chapter 1K Appeals-miscellaneous
Appeals-miscellaneous
Chapter 1L Reference, Review and Revision
Reference, Review and Revision
Chapter 1M Special Provisions Relating to The High courts not being the Court of a Judicial Commissioner
Introductory
Chapter 1N Rules
Rules
Chapter 1-0 Miscellaneous
Introductory
Section 139
Recommendation as to section 141 and Order 9
Recommendation as to proceedings under Article 226
Section 152
Chapter 1P Parties to a Suit
Introductory
Order 1, rule 8A (New)
Chapter 2 Frame of The Suit
Frame of The Suit
Chapter 3 Recognised agents and Pleaders
Recognised agents and Pleaders
Chapter 4 Institution of Suits
Institution of Suits
Chapter 5 Issue and Service of Summons
Issue and Service of Summons
Chapter 6 Pleadings
Pleadings
Chapter 7 Plaint
Introductory
Recommendation
Recommendation to insert Order 7, rule 10A, etc
Chapter 8 Written Statement and Set-Off
Introductory
Order 8, rule 8A (New) (Production of document)
Chapter 9 Appearance of Parties and Consequences of Non-Appearance
Introductory
Recommendation
Chapter 10 Examination of Parties by The Court
Examination of Parties by The Court
Chapter 11 Discovery and Inspection
Discovery and Inspection
Chapter 12 Admissions
Admissions
Chapter 13 Production of Documents
Production of Documents
Chapter 14 Issues
Issues
Chapter 15 Disposal of The Suit at The First Hearing Introductory
Disposal of The Suit at The First Hearing Introductory
Chapter 16 Summoning and Attendance of witnesses Introductory
Summoning and Attendance of witnesses Introductory
Order 16, rule 19, and Order 26, rule 4-witnesses beyond jurisdiction
Chapter 17 Adjournments
Adjournments
Chapter 18 Hearing of The Suit and Examination of witnesses Introductory
Hearing of The Suit and Examination of witnesses Introductory
Point as to tape-recording
Chapter 19 Affidavits
Affidavits
Chapter 20 Judgment and Decree
Introductory
Recommendation
Order 20, rule 12B (New)-Execution of document or endorsement of a negotiable instrument
Chapter 21 Execution
Introduction
Recommendation
Recommendation
Order 21, rule 66
Order 21, rule 90 and deposit
Order 21, rule 102
Chapter 22
Scheme of Order 22
Recommendation
Chapter 23 Withdrawal and Adjustment of Suits
Introductory
Order 23, rule 1A (New)
Order 23, rule 3-the words "so far as relates to"
Chapter 24 Payment into Court
Payment into Court
Chapter 25 Security for Costs
Security for Costs
Chapter 26 Commissions
Commissions
Chapter 27 Suits by or against Government
Suits by or against Government
Chapter 27A Suits Involving Substantial Questions of Law as to The Interpretation of The Constitution
Introductory
Order 27A, rule 1
Chapter 28 Suits by or against Soldiers Etc
Suits by or against Soldiers Etc
Chapter 29 Suits by and Against Corporations
Suits by and Against Corporations
Chapter 30 Suits by or against Firms
Suits by or against Firms
Chapter 31 Suits by and Against Trustees and Executors
Suits by and Against Trustees and Executors
Chapter 32 Suits by and Against Minors
Introductory
Order 32, rule 3A (New) (Effect of adverse interest)
Order 33, rule 15
Chapter 32A Suits Concerning The Family
Suits Concerning The Family
Chapter 33 Suits by Indigent Persons
Introductory
Order 33, rule 1A (New)
Recommendation to insert Order 33, rule 5(dd)
Recommendation
Chapter 34 Suits on Mortgages
Introductory
Order 34, rule 10
Chapter 35 Inter-Pleader Suits
Inter-Pleader Suits
Chapter 36 Statement of Case
Statement of Case
Chapter 37 Summary Procedure
Introductory
Recommendation
Chapter 38 Arrest and Attachment before Judgment
Introduction
Order 38, rule 11 A (New)
Chapter 39 Injunctions and Other Interlocutory Orders
Introduction
Question in the Questionnaire as to temporary injunctions
Chapter 40 Receivers
Receivers
Chapter 41 Appeals from Original Decrees
Introductory
Order 41, rule 5
Order 41, rule 11 and appeals under section 47
Order 41, rule 17 and disposal on merits in absence of the appellant
Amendment desirable to remove conflict
Order 41, rule 20
Order 41, rule 22
Recommendation
Order 41, rule 27
Chapter 42 Appeals from Appellate Decrees
Appeals from Appellate Decrees
Chapter 43 Appeals from Orders
Introductory
Order 43, rule 1(c)
Order 43, rule 1(i)
Order 43, rule 1(k)
Order 43, rule 1(t)
Chapter 44 Appeals by Indigent Persons
Appeals by Indigent Persons
Chapter 45 Appeals to The Supreme Court
Appeals to The Supreme Court
Chapter 46 Reference
Reference
Chapter 47 Review
Review
Chapter 48 to 51 Miscellaneous
Chapter 52 Forms
Forms
Chapter 53 Need for National Academy for Judicial Training
Introductory
Training to be on all-India basis
Effect of pulls competing for recognition
Exercise of judicial discretion
Chapter 54 Conclusion
Conclusion
Appendix Questionnaire of The Law Commission of India on The Code of Civil Procedure
Introductory Note
Appeals in execution
Execution-need for radical changes


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