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Report No. 163

1.2. Issuing of Questionnaire and holding conferences.-

With a view to elicit informed opinion on several provisions and proposals contained in the Amendment Bill, the Commission prepared a questionnaire (Annexure B) containing as many as 43 questions. Under each question, the Commission mentioned briefly the meaning of the proposed amendment and also indicated the possible responses and interpretations of the proposed amendment.

Wherever necessary, relevant case law was also indicated to facilitate clear and informed responses. It was, however, made clear that the views, if any, expressed in the questionnaire by the Commission did not represent its final views but were only tentative opinions put forward with a view to eliciting effective and informed responses from members of the Bar, Bench and other persons concerned with the subject.

1.3. Besides communicating the questionnaire to all concerned, the Commission also held three conferences at Delhi, Allahabad and Hyderabad. The respective Chief Justices were requested to arrange the conferences which they gracefully did. The conference at Delhi was moderated by Ms. Justice Leila Seth, Member, Law Commission while the conferences at Allahabad and Hyderabad were moderated by the Chairman.

There was an excellent response at all the three conferences from the members of the Bar, subordinate judiciary and Judges of the High Court. In many cases, they expressed their views in writing. The Commission prepared a record of the proceedings of all the three conferences, briefly recording the various views expressed by the participants.

1.4. The Commission is grateful to all those who have favoured us with their views in response to the questionnaire or have addressed their views during the conferences organised by the Commission. The replies on the various questions have received our most careful consideration.

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

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