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LAW REFORMS[1]

Table of Contents

QUESTION BANK

Discuss the steps taken by the law commission on Civil Procedure amendments.
Law Commission on Civil Procedure amendment: Law Reform: Civil Procedure.
Discuss recent amendments in the Civil Procedure Code, especially amendments of 1999 and 2002.

SHORT NOTES

Amendment of 2002 in C. P.C
Amendment of 1999 in C.P.C.

I. NEED FOR LAW REFORM-

The value of society changes from time to time and from place to place. To cope with the changing society, laws should also change. Static[2] laws either restrict the growth of society or society does not obey them.

Thus, to survive and be useful in society, the law should change according to the needs of changing society. Therefore, law reforms become necessary. Substantial and procedural laws need to be amended occasionally according to their need.

II. AMENDMENTS IN CIVIL PROCEDURE CODE-

In ancient India, Hindu customs and Dharma shastras were prevalent in the legal and judicial system. However, after the Muslim invasion, the Islamic legal system was followed in most parts of India till the 17^th Century. Thereafter, East India Company concurred with India and introduced the English legal and judicial system.

The British adopted the method of enactment of laws and amendments therein to reform the laws. They also adopted the practice of appointing Commissions to find loopholes in laws and suggest remedies. A number of amendments affected those remedies.

A number of reforms (amendments) have been carried on in the Civil Procedure Code since its commencement in 1908[3]. The most recent amendments are from 1999 and 2002.

Reforms of the Code are affected by these amendments. Many innovative reforms have been carried on to make the Code more practicable.

The reforms have been suggested by a number of law commissions, keeping in view the following objects- viz-

To provide a fair trial.
To expedite the disposal of civil suits.

3) To simplify the procedure.

IMPORTANT REFORMS BY AMENDING ACTS 1999 AND 2002-

Amendment Act 1999 and 2002 have effected the following reforms-

In every plaint, facts shall be proved by affidavit (S. 26).

The amendment is made to reduce the possibility of false statements being made in the plaint.

Summons to the defendant is to be issued within 30 days from the date of the institution of the suit (S. 27).

The amendment is carried out to lay down a fixed time frame to issue summons and to avoid delay in sending summons.

The penalty of fine is increased from Rs. 500 to Rs. 5000/- to the person who makes defaults in an appearance before the court in spite of service of summons. The amendment is carried to increase fines due to a decrease in the value of money.
Court passing decree can not execute decree outside the local limits of its jurisdiction.
No judgment debtor can be detained in civil prison in execution of the money decree if the decreed amount does not exceed Rs. 2000. The amendment is carried out to extend the pecuniary limit for the detention of judgment debtor. The pecuniary limit is incurred to cope- up with a reduction in money value.
Alienation of property after attachment is void (S. 64). The object of the amendment is to protect the attachment order.
Where it appears to the Court that there exists the element of settlement between the parties, the court shall formulate the terms of settlement and give them to the parties for their observation, and after receiving observations, the court shall reformulate the terms of a possible settlement and refer the same for-
- The judicial settlement, including settlement through Lok-Adalat, or
- (S. 89).

Thus the amendment is carried with the object of settling the dispute amicably outside the court. The amendment is made as per the recommendation of the Law Commission of India and the Mallimath Committee. This amendment is innovative.

Compensation for obtaining arrest, attachment or injunction on insufficient grounds has been enhanced from rupees one thousand to fifty thousand.

The object of the amendment is to cope with decreasing value of money and to compensate the defendant for scruples the plaintiff (S. 95).

No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of small cause when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees (earlier it was three thousand rupees) (S. 96).
The provision as to Letters patent appeal has been abolished (S. 100 A). The object of the amendment is to restrict appeals to be laid before the Division Bench of the same High Court (Letters Patent) if it is once heard and decided by a single Judge’s Bench of the same High Court.
No appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees (S. 102). The amendment has abolished the second appeal in all cases where the value of the subject matter in the suit does not exceed Rs. 25000.
Where any period is fixed or granted by the court for doing of any act prescribed or allowed by this Code, the court may in its discretion, from time to time, enlarge such period. However, such a period should not exceed 30 days in total.

Thus, the amendment lays down the limit of 30 days to avoid delay in carrying on its orders.

While the institution of the suit, the plaint shall be presented in duplicate. Earlier, there was no provision for presenting a plaint in duplicate (O. 4 R. 1).
The defendant should file a written statement within 30 days from the service of summons upon him of the suit. Written Statements may be allowed later. However, the period of filing a written statement should not exceed 90 days from service of summons upon the defendant (O. 5, R. 1). The amendment is carried to avoid delay in filing written statements.
Summons to the defendant shall be accompanied by a copy of the plaint (O. 5, R. 2).
Now delivery of summons can be made through courier, fax message, or electronic mail service (O. 5, R. 9).
Pleading should be supported by an affidavit (O. 5, R. 15).
Amendment in pleading is to be carried on within 14 days from the date of order (if not ordered to be carried earlier than 14 days) (O. 6, R. 17 and 18).
All documents in support of the suit are to be filed by the plaintiff at the time of filing the plaint itself (O. 7, R. 14) and by the defendant at the time of filing the written statement. No documents are allowed subsequently to be filed except with the permission of the court (O. 8, R. 1-A).
The court can direct the parties to opt for any one mode of alternative dispute resolution (O. 10, R. 1-A).
Where the pleader or party refuses or is unable to answer any material question relating to the suit, the court may adjourn the matter to the next date not exceeding seven days (O. 10, R. 4). The amendment is carried with the object of expediting the matter.
Application to seek to leave to deliver interrogatories is to be decided within 7 days. (O. 11, R. 2). There was no limit of 7 days earlier.
‘Original documentary evidence is to be submitted before the settlement of issues. (O. 8, R. 1). There was no such provision of filing original at the time or before framing issues.
Adjournments for framing issues may be granted, but the period shall not be extended for more than seven days.
No adjournment shall be granted more than three times to a party during the hearing of the suit. (O. 17, R. 1). The object is to dispose of matter speedily.
When the hearing of the suit has commenced, it shall be continued day to day (O. 17, R. 2). The object is to dispose of matters speedily.
Written arguments shall form part of the record (O. 18, 1).
Evidence is allowed to be recorded by affidavit (O. 18, R. 4). Earlier, recording evidence was very time-consuming, even for chiefef- examination before the court.
Evidence can be recorded on commission, even though the witness resides within the local jurisdiction of The Court (O. 26, R. 4 A).
Every memorandum of appeal shall be accompanied by a copy of a judgment (O. 41, R. 1).

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[1] कायदेषीर / कायदयात सुधारणा [विधान / कानून सुधार]

[2] स्थिर]

[3] Prior to 1859, there was no uniform Code of Civil Procedure for the whole of India. Different procedures were applied in civil proceedings in different parts of the country. The first uniform Civil Procedure Code was enacted in the year 1859. The code was amended time to time according to the needs in 1877, 1882.

The present Civil Procedure Code was enacted in 1908 by major amendment. However, it was further amended in 1951, 1956 and 1976.

The Code (henceforth for the purpose of brevity the Civil Procedure Code is called as ‘the Code’) was further amended in 1999 and 2002 for speedy disposal of civil cases on recommendation of Justice Malimath Committee.