Report No. 27
The Code of Civil Procedure, 1908
| Contents |
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Code of Civil Procedure, 1908 |
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Importance of the subject |
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Historical background-the 1859 Code |
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The 1877 Code |
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The 1908 Code |
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Present Code well-thought out |
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Twin problem of costs and delay |
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Problem of delay |
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Indigenous system |
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Some delay inherent in English system |
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Defects in procedure |
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Delay before trial |
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Documents to be filed by defendant |
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Adjournments |
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Appeals in England |
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Delay in execution-Order 21, rule 58 and rule 97 |
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Human factor re-emphasised |
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Section 80 |
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Section 115 |
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Restriction on revision against interlocutory orders |
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Sections 121 to 128 |
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Order XXI and 'garnishee' proceedings |
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Order XLVII, rule 7 |
| Appendix I |
Proposals as shown in the Form of Draft Amendments to the Existing Code |
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Section 1 to 42 |
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Section 47 to 95 |
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Section 97 to 145 |
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Who may be joined as plaintiffs |
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Who may be joined as defendants |
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One person may sue or defend on behalf of all in the same interest |
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Service on male member |
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Service in foreign territory through Political Agent or Court |
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Pleading to state material facts and not evidence |
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Counter-claim by defendant |
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Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs |
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Oral examination of party or companion of party |
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List of witnesses and summons to witnesses |
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Summons how served |
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Power of Court to proceed notwithstanding the party's failure to produce evidence, etc |
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Provisions relating to certain items |
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Modes of paying money under a decree |
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Custody of movable property |
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Attachment of salary or allowances of private employees |
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Adjudication of claims to, or objections to attachment of, attached property |
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Application to set aside sale on ground of irregularity or fraud |
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Order to be passed upon application complaining of resistance |
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Questions to be determined |
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Questions objected to before the Commissioner |
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Appearance under protest |
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Security to be furnished by the next friend when so ordered |
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Savings regarding Rulers |
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Suits in forma pauperis |
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Provisions applicable to attachment |
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Order of remand to mention date of next hearing |
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Affidavit of Assets to be Made by a Judgment-Debtor |
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Notice to Certificated, Natural or De Facto Guardian |
| Appendix II |
Notes on Clauses |
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Section 1 (Extent) |
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Section 7 |
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Section 11 |
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Section 20 |
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Section 21 and execution |
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Section 21A (New) |
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Section 24(2) |
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Section 25 |
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Section 37 |
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Section 39 |
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Section 42 |
| I. |
Case-law before 1956 amendment |
| II. |
Amendment of 1956 |
| III. |
Position after 1956 amendment |
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Section 47 to 58 |
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Section 60 |
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Sections 63 and 66 |
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Sections 73 to 80 |
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Section 82 |
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Section 87B |
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Section 92 and cypres |
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Section 92 and costs |
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Sections 95 to 100 |
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Sections 102 to 139 |
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Sections 144 to 152 |
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Order I, rule 1 |
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Order I, rule 11 |
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Order II, rule 6 |
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Order III, rule 1 |
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Order III, rule 4 |
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Order V, rule 2 |
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Order V, rule 20 |
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Order VI, rule 14A (New) |
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Order VI, rule 16 |
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Order VII, rule 1 |
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Order VII, rule 11 |
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Order VIII, rule 1 |
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Order IX, rule 2 |
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Order IX, rule 9 |
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Order XI, rule 6 |
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Order XI, rule 19(2) |
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Order XII, rule 2 |
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Order XIII, rule 2 |
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Order XVI, rule 1 and credibility |
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Order XVI, rule 12 |
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Order XVII, rule 2 and disposal on merits |
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Order XVII, rule 2 and Allahabad Amendment |
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Order XVII, rule 3 |
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Order XVII, rules 2 and 3 compared |
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Order XVIII, rule 2 |
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Order XX, rule 1 |
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Order XXA, rule 1 |
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Order XXI, rule 2 (1) |
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Order XXI, rule 2(2) (New) |
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Order XXI, rule 2 and limitation |
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Order XXI, rule 2 and counter-affidavits |
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Order XXI, rule 5 |
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Order XXI, rule 22 |
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Order XXI, rule 22 and Insolvency |
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Order XXI, rule 24 (3) |
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Order XXI, rule 31 |
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Order XXI, rule 41 |
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Order XXI, rule 42 |
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Order XXI, rule 50(1) |
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Order XXI, rule 53(1) |
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Order XXI, rule 54(1) |
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Order XXI, rule 57 |
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Order XXI, rule 58 |
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Order XXI, rule 59 |
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Order XXI, rule 66 |
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Order XXI, rule 72 |
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Order XXI, rule 84 (2) |
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Order XXI, rule 89 |
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Order XXI, rule 90 |
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Order XXI, rule 92(1) |
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Order XXI, rule 95 |
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Order XXI, rule 102 |
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Order XXII, rule 4 and legal representatives not traceable |
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Order XXIII, rule 1 (3A) |
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Order XXV, rule 1 |
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Order XXVI, rule 17 |
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Order XXX, rule 2 |
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Order XXX, rule 10 |
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Order XXXII, rule 1 |
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Order XXXII, rule 1 and costs |
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Order XXXII, rule 6 |
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Order XXXIII, rule I |
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Order XXXIII, rule 11 |
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Order XXXIII, rule 15 and "refusal" |
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Order XXXIII, rule 17 (New) |
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Order XXXIV, rule 15 |
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Order XXXIX, rule 1 |
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Order XL1, rule 1 |
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Order XLI, rule 5 |
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Order XLI, rule 11 |
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Order XLI, rule 14 |
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Order XLI, rule 20 |
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Order XL1, rule 25 |
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Order XLIII, rule 1 |
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Order XLIII, rule 1(w) |
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Order XLIV, rule 1(2) |
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Order XLVII, rule 7 |
| Appendix III |
Comparative Table |
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Comparative Table |
| Appendix IV |
Summary of Recommendations in Respect of other Acts |
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Summary of Recommendations in Respect of other Acts |
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Note by Shri S.K. Hiranandani |
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