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 |
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Recommendations and Conclusions Regarding The Code of Civil Procedure Bill, 1997 |
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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 |
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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 |
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Clause 10 of the Amendment Bill proposing to substitute existing section 100A |
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Clause 11 of the Amendment Bill proposing to substitute the existing section 102 |
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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 |
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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 |
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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 |
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Clause 16 of the Amendment Bill proposing to amend certain rules in Order VI |
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Clause 17 of the Amendment Bill |
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Clause 18 of the Amendment Bill |
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Clause 19 of the Amendment Bill proposing to substitute rule 2 and to amend rule 5 in Order IX |
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Clause 20 of the Amendment Bill proposing to amend Order X |
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Clause 23 of the Amendment Bill |
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Clause 24 of the Amendment Bill |
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Clause 26 of the Amendment Bill |
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Clause 27 of the Amendment Bill |
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Clause 28 of the Amendment Bill |
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Clause 30 of the Amendment Bill |
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Clause 31 of the Amendment Bill |
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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 |
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Statement of Objects and Reasons |
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Notes on Clauses |
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Memorandum Regarding Delegated Legislation |
Annexure |
Extracts from the Code of Civil Procedure, 1908 |
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Extracts from the Code of Civil Procedure, 1908 |
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Property liable to attachment and sale in execution of decree |
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Compensation for obtaining arrest, attachment or injunction on sufficient grounds |
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Appeals from Original Decrees |
Order IV |
Institution of Suits |
Order V |
Issue and Service of Summons |
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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 |
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Law Commission of India Draft Questionnaire on The Code of Civil Procedure, 1908 |
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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 |
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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 |
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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 |
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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 |