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