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Report No. 163

The Code of Civil Procedure (Amendment) Bill, 1997

Contents
Chapter I Introduction
1.1 Scope of the Report
2,3,4. Issuing of Questionnaire and holding conferences
5. Importance of the subject
6. Attempts made in the past
Chapter II Recommendations and Conclusions Regarding The Code of Civil Procedure (Amendment) Bill, 1997
Recommendations and Conclusions Regarding The Code of Civil Procedure Bill, 1997
Clause 2 of the Amendment Bill proposing to insert sub-section (2) in section 26 making it obligatory upon the plaintiff to file an affidavit in support of the facts stated in the plaint
Clause 7 of the Amendment Bill proposing to insert section 89, enabling and/or obliging the Court to explore the possibility of alternative methods of dispute resolution viz., conciliation, mediation, arbitration, judicial settlement or settlement through Lok Adalat
Clause 10 of the Amendment Bill proposing to substitute existing section 100A
Clause 11 of the Amendment Bill proposing to substitute the existing section 102
Clause 12 of the Amendment Bill proposing to delete the existing clause (b) of the proviso to sub-section (1) of section 115 and the further addition of sub-section (3) in section 115
Clause 13 of the Amendment Bill seeking to substitute the words not exceeding 30 days in total in the place of the existing words such period
Clause 14 or the Amendment Bill proposing to amend sub-rule (1) of rule 1 of Order IV and proposing to insert sub-rule (3) in rule 1 of Order IV
(i) Amendments proposed to rule 1(1)
(ii) Proposed substitution of rule 9
(iii) Proposed new rule 9A
Clause 16 of the Amendment Bill proposing to amend certain rules in Order VI
Clause 17 of the Amendment Bill
Clause 18 of the Amendment Bill
Clause 19 of the Amendment Bill proposing to substitute rule 2 and to amend rule 5 in Order IX
Clause 20 of the Amendment Bill proposing to amend Order X
Clause 23 of the Amendment Bill
Clause 24 of the Amendment Bill
Clause 26 of the Amendment Bill
Clause 27 of the Amendment Bill
Clause 28 of the Amendment Bill
Clause 30 of the Amendment Bill
Clause 31 of the Amendment Bill
Clause 32 of the Amendment Bill
Annexure A The Code of Civil Procedure (Amendment) Bill, 1997 (Bill No. 50 of 1997)
Chapter I Preliminary
1. Short title and commencement
Chapter II Amendment of Sections
2. Amendment of section 26
3. Amendment or section 27
4. Amendment of section 32
5. Amendment of section 58
6. Amendment of section 60
7. Insertion of new section 89
8. Amendment of section 95
9. Amendment of section 96
10. Substitution of new section for section 100A
11. Substitution of new section for section 102
12. Amendment of section 115
13. Amendment of section 148
Chapter III Amendment of Orders
14. Amendment of Order IV.
15. Amendment of Order V
16. Amendment of Order VI
17. Amendment of Order VII
18. Amendment of Order VIII
19. Amendment of Order IX
20. Amendment of Order X
21. Amendment of Order XI
22. Amendment of Order XII
23. Amendment of Order XIII
24. Amendment of Order XIV
25. Amendment of Order XVI
26. Amendment of Order XVII
27. Amendment of Order XVIII
28. Amendment of Order XX
29. Amendment of Order XXVI.
30. Amendment of Order XXXIX
31. Insertion of new Order XXXIXA
32. Amendment of Order XLI
Chapter IV Repeal and Savings
33. Repeal and savings
Chapter V Amendment of The Limitation Act, 1963
34. Amendment of section 12
Chapter VI Amendment of The Court Fees Act, 1870
35. Insertion of new section 16
36. Amendment of the Second Schedule
Statement of Objects and Reasons
Notes on Clauses
Memorandum Regarding Delegated Legislation
Annexure Extracts from the Code of Civil Procedure, 1908
Extracts from the Code of Civil Procedure, 1908
Property liable to attachment and sale in execution of decree
Compensation for obtaining arrest, attachment or injunction on sufficient grounds
Appeals from Original Decrees
Order IV Institution of Suits
Order V Issue and Service of Summons
Service of Summons
Order VI Pleadings Generally
Order VII Plaint
Order VIII Written Statement, Set-off and Counter-Claim
Order IX Appearance oh Parties and Consequence of Non-Appearance
Order X Examination of Parties by The Court
Order XI Discovery and Inspection
Order XII Admissions
Order XIII Production, Impounding and Return of Documents
Order XIV Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon
Order XVI Summoning and Attendance of Witnesses
Order XVII Adjournments
Order XVIII Hearing of the Suit and Examination of Witnesses
Order XX Judgment and Decree
Order XXXIX Temporary Injunctions and Interlocutory Orders
Order XLI Appeals from Original Decrees
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
Questionnaire Institution of Suits
1. Section 26 (Plaint): Clause 2 of the Bill
2. Section 58 (Detention in prison - maximum period): Clause 2 of the Bill
3. Section 89 (to be inserted) (settlement of disputes outside the court): Clause 7 of the Bill
4. Section 100A (Appeals from decisions of single Judge of High Court): Clause 10 of the Bill
5. Section 120 (No second appeal in certain cases): Clause 11 of the Bill
6. Section 115 (Revision): Clause 12 of the Bill
7. Order 4, rule 1 (Commencement of suit by plaint): Clause 14 of the Bill
8. Order 5, rule 1 (Summons to appear and answer): Clause 15(i) of the Bill
9. Order 5, rules 9. 9A, 19A, 21, 24 and 25 (Modes of service of summons): Clause 15(v) to clause (ix)
10. Order 6, rule 3 (Further and better statement of particulars): Clause 1(i) of the Bill
11. Order 6, rule 15 (Verification): Clause 16(11) of the Bill
12. Order 6, rules 17-18 (Amendment of pleadings): Clause 16(iii) of the Bill
Illustrative Cases as to Amendment
13. Order 7, rule 9 (Procedure on admission of plaint): Clause 17(i) of the Bill
14. Order 7, rule 11 (Rejection of plaint): Clause 17(11) of the Bill
15. Order 7, rule 14, 15, 18: Clause 17(iii) (iv) (v) of the Bill
16. Order 8, rule 1 (Written statement by defendant): Clause 18(i) of the Bill
17. Order 8, rule 1A (proposed) (Defendant's documents): Clause 18(11) of the Bill
18. Order 8, rule 9 (Subsequent pleadings): Clause 18(iii) of the Bill
Illustrative Cases (Supplementary Pleadings)
19. Order 8, rule 10 (Defendant's failure to file written statement): Clause 18(iii) of the Bill
20. Order 9, rule 2 (Dismissal of suit where summons not served for failure to pay process fees, etc.): Clause 19(i) of the Bill
21. Order 9, rule 5, (Failure to apply for fresh summons): Clause 19(ii) of the Bill
22. Order 10, rule 1A: Clause 20(1) of the Bill
23. Order 10, rule 4: Clause 20(ii) of the Bill
24. Order 11, rule 2: Interrogatories
25 25. Order 11, rule 15 (Notice for inspection of documents): Clause 21(ii) of the Bill
26. Order 12, rule 2 (Notice to admit documents): Clause 22(i) of the Bill
27. Order 12, rule 4 (Notice to admit facts)
28. Order 13, rules 1 and 2: Clause 23 of the Bill
29. Order 14, rule 4: Clause 24(i) of the Bill
30. Order 14, rule 5: Clause 24(ii) of the Bill
Illustrative List - Amending the Issues
31. Order 16, rule 1(4): Clause 23(1) of the Bill
32. Order 16, rule 2(1) (Deposit of expenses): Clause 25(ii) of the Bill
33. Order 17, rule 1: Clause 35 of the Bill
34. Order 18, rule 2(4): Clause 27(i) of the Bill
35. Order 18, rule 4): Clause 27(ii) of the Bill
36. Order 18, rule 17A (Evidence not previously known, etc.)
37. Order 18, rule 19: Clause 27(iv) of the Bill
38. Order 20, rule 1: Clause 28 of the Bill, read with clause 32(i)
39. Order 26, rule 4A: Clause 29 of the Bill
40. Order 39, rule 31: Clause 30 of the Bill
41. Order 39A: Clause 31 of the Bill
42. Order 41, rule 1(1) (Form of appeal): Clause 32(1) of the Bill
43. Order 41, rule 9: Clause 32(ii) of the Bill


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