| 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 |
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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 |
|
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 |
|
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 |
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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 |
