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Report No. 150

1.8. Need for interim amendments.-

The possibility of an elaborate examination for the over-hading of the Code altogether should not, be feel halt the process of effecting therein glaring changes found to be necessary in the existing framework. A consolidated codification cannot in the nature of things, be the only cure to all defects found in enactment. It is inevitable that, side by side with the process of considering periodical wholesale changes in any existing statute, one has also to consider setting right anomalies and drafting defects that come to light from time to time. Thus, soon after presenting its 54th Report of the Code as a whole, the Commission found it necessary to submit short reports (55th & 56th) on two minor but allied topics to suggest certain changes.

Again quite recently, in 1991, the Commission found it necessary to recommend amendments m Order V, rule 19A and Order XXI, rule 92(2) of the C.P.C., vide its (139th and 140th Report) suggesting such amendments. Again, in 1992, the 144th Report of the Commission has suggested amendments to a number of provisions in the Code with a view to settling conflicts of judicial opinion that had arisen in regard to these provisions. Reports of the Law Commission have also been presented outlining the need to carry out certain amendments to isolated provisions of the Code of Criminal Procedure1.

This process of suggesting necessary amendments to a Statute is a continuous and inevitable one. It has recently come to the notice of the Commission that there are certain other provisions of the Code of the Civil Procedure which also require amendments in the light of the subsequent amendments in connected statutes. There is no point in deferring consideration of such amendments until there are a good number of them or until a comprehensive amendment of the stature in question is taken up. It is for this reason that the Commission has considered it necessary to present this report suo motu though it is confined only to two provisions in the Code of Civil Procedure, 1908.

1. The 48th, 102nd, 113th, 132nd, 135th, 141st and 142nd reports of the Commission, likewise, suggested isolated amendments to supplement the recommendations for a major overhauling of the Code of Criminal Procedure on the basis of which the law of Criminal Procedure had been re-codified in 1973.

Suggesting some amendments to the Code of Civil Procedure, 1908 Back

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