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Report No. 163

2.20. Clause 24 of the Amendment Bill.-

(i) The amendment in rule 4 of Order XIV is in order. It merely seeks to cut down the time limit.

(ii) The proposal to delete rule 5 of Order XIV, however, is questionable. It was pointed out by the participants/respondents that the power of amending the issues or framing of additional issues should always be available to the court and that the said power should be available to be exercised at any stage of the suit. The existing rule 5 also empowers the court to strike out issues which in its opinion are wrongly framed or unnecessary. The Commission is of the opinion kat there is no sound reason to delete rule 5.

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

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