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Report No. 163

2.25. Clause 31 of the Amendment Bill.-

Rules 1 and 2 of the proposed Order XXXIXA do not bring out or give effect to the intention behind the said provisions. Paragraph 3(h) of the statement of objects and reasons is as under:

"In matters relating to property disputes, particularly in matter of unauthorised construction on the land of others, it has been found that, under the existing provisions of the Code of Civil Procedure, no application for injunction can be moved unless the suit is filed first in the court having competent jurisdiction. With a view to obviate this hardship, it is proposed that a person may make an application to the court of competent jurisdiction for appointment of a commission to ascertain the factual status of the property so that at the time of filing of the regular suit the report is available to the commissioner relating to the factual status of the property in dispute."

However, the language of rules 1 and 2 does not bring out the said intention and for that reason the rules have been criticised as lacking in direction and as ambiguous. It would be appropriate if these rules are redrafted to reflect the intention clearly so as to be in consonance with the statement of objects and reasons.



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




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