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Report No. 163

Annexure B

Law Commission of India Questionnaire On The Code of Civil Procedure, 1908

Law Commission of India Draft Questionnaire on The Code of Civil Procedure, 1908

Introductory Remarks

1. The Law Commission of India has been requested by the Government of India in the Ministry of Law to make recommendations for revision of the Code of Civil Procedure, 1908.

2. The Commission proposes to undertake the exercise in two phases. In the first phase, the Commission proposes to express its views on the various amendments suggested by the Code of Civil Procedure (Amendment) Bill, 1997, which has been introduced as an official Bill in the Rajya Sabha. In the second phase of the work, the Commission will, if necessary, consider the provisions of the Code which have not been dealt with in the Bill (that is, provision on which the Bill does not propose any amendment) but which may appear to be in need of revision, in the interests of simplicity, certainty and uniformity in the law of Civil Procedure and with a view to achieving rationalisation and modernisation of the law.

Division of the project into two phases (as above) has been decided upon by the Commission, in the light of the fact that proposals for a comprehensive revision of the Code at this juncture may involve considerable length of time, while the proposals contained in the Bill seem to require a comparatively urgent attention.

3. In order to elicit informed opinion on the various proposals contained in the Bill, the Commission has prepared a Questionnaire on the subject. In the various questions as formulated by it, the Commission has attempted to mention, very briefly, some of the courses and alternatives that can be possibly adopted with reference to the points to which the various amendments (as proposed in the Bill) relate.

The Commission would like to make it clear that these courses and alternatives do not necessarily represent the final views of the Commission. They have been put forth, mainly in order to elicit informed opinion on the subject, and in order to facilitate a detailed consideration of the various points by the persons and bodies who may like to express their opinions on the proposals contained in the Bill.

4. The Commission will appreciate if interested persons and bodies will kindly forward their comments by the 30th of April, 1998, to the Commission.

[For facility of reading, each amendment proposed on the,Bill is set out, along with the text of the existing provision].

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

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