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Report No. 163

2.11. Clause 13 of the Amendment Bill seeking to substitute the words "not exceeding 30 days in total" in the place of the existing words "such period".-

Section 148 provides for enlargement or extension of time fixed or granted under the orders of the court. The proposal to limit the discretion of the court in this behalf to a total period of 30 days has been uniformly opposed by all the participants as unduly fettering the discretion of the courts.

2.11.1. The Law Commission is also of the opinion that no such restriction should be placed in section 148. Situations may arise where the interests of justice may call for exercise of power under section 148 even beyond the period proposed to be stipulated. Any such restriction of time may in some cases even lead to failure of justice. The proposal may, therefore, be dropped.



The Code of Civil Procedure (Amendment) Bill, 1997 Back




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