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Report No. 163

31. Insertion of new Order XXXIXA.-

In the First Schedule, after Order XXXIX, the following Order shall be inserted, namely:-

"Order XXXIXA

Inspection before Institution of Suit

1. Filing of application for inspection by legal representative.-In a case where a person competent to file a suit for grant of relief is not available to file such a suit for injunction, the legal representative of that person may make an application to the competent court of jurisdiction for the appointment of commission to make local investigation of the property for the purpose of elucidating any matter in dispute and such commission shall be deemed to be appointed under Order XXVI.

2. Filing of the suit.-Within seven days from the date of the filing of the application under rule 1, the person competent to file suit, shall file the suit.".



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




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