Report No. 65
Modification of Section 13, Code of Civil Procedure and Section 41, Evidence Act
21.1. Modification of section 13, C.P.C. and section 41, Evidence Act.-Our recommendations will over many matters which are, at present, touched upon by certain statutory provisions1 to which we have already made a reference. It is necessary, as a, consequential amendment, to modify those provisions-namely section 13, Code of Civil Procedure, 1908, and section 41, Evidence Act, 1871-so as to exclude their application in relation to the matters that will be covered by our recommendations, when they are given legislative effect.
1. Chapter 4, supra.
21.2. It is obvious that in so far as there is, on any matter, a specific provision in the recommendation in regard to recognition of decrees of divorce, the position should be governed exclusively by the recommended provisions and not by the provision in section 13 of the Civil Procedure Code, or section 41 of the Evidence Act, as the case may be. Hence the need for a consequential amendment. In the absence of a consequential amendment, there will be overlapping, and this might create confusion.