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Report No. 163

2.18 Clause 20 of the Amendment Bill proposing to amend Order X.-

Clause 20 of the Amendment Bill proposes to insert rules 1A, 1B and 1C after rule 1 and also proposes to amend rule 4 of Order X. So far as proposal to insert rules 1A, 1B and 1C in Order X is concerned, it may be observed that they are on the same pattern as in proposed section 89 except for the distinction in the language employed in rule 1A of this Order and the proposed section 89 which is sought to be inserted by clause 7 of the Bill. Rule 1A reads as if the court is under a mandate to ask the parties to opt for either mode of settlement outside the court as specified in the proposed section 89(1) and that this should be done after recording the admissions and denials.

On the other hand, the proposed section 89 is couched in an enabling language. It enables the court to take these specific steps if it appears to it that there exist elements of settlement which may be acceptable to the parties. Be that as it may, the opinion expressed by the Commission with respect to section 89 should as well be relevant in respect of rules 1A, 1B and 1C as proposed in Order X. Indeed, rules 1B and 1C merely state the obvious while rule 1A, as stated above, is really intended to effectuate the provision in the proposed section 89.

(iii) Amendment to rule 4(1) is only by way of cutting down the time limit and is a step in the right direction.



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




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