The Hindu : CPC amendments take effect from July 1

Online edition of India's National Newspaper
Saturday, Jun 15, 2002

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CPC amendments take effect from July 1

By J. Venkatesan

NEW DELHI June 14. In a move that will prevent prolonged litigation and help the courts settle civil suits within a year, the Centre has issued a notification bringing into effect from July 1 the Civil Procedure Code amendments which provide for time-bound disposal of civil cases.

According to authoritative sources in the Law Ministry, it is a strong measure to compress the time frame for disposal of all civil cases within a year. In the perception of the Ministry, it will definitely bring relief to those litigants who have been waiting for years for the outcome of their cases in courts.

Initially the Centre introduced the CPC (Amendment) Act, 1999 but after lawyers resisted the amendments and resorted to agitations all over the country, the Government did not notify the Act.

Thereafter the Law Minister, Arun Jaitley, initiated extensive consultations between the representatives of the bar council and bar associations at the national and State level and the contentious amendments were modified and the CPC (Amendment) Act, 2002 was enacted.

It has been noticed that in a large number of cases, a very long time is taken at the pre-trial stage and at the time of hearing of the suit. Once the amendments come into effect, civil suits cannot last longer than a year.

Only three adjournments are permitted. If the court finds that adjournments are caused by one of the parties, it may order costs occasioned by the adjournments or such higher costs as it may deem fit. The court is also empowered to fix a time limit for oral arguments and to avoid delay it may ask the parties to file written submissions.

Another significant feature is that a judgment in a case is to be pronounced within 60 days from the date on which the hearing was concluded.

The second appeal is being abolished in money suits where the value does not exceed Rs. 25,000. But appeal to a Division Bench of the High Court against the orders of a single Judge has been restored in accordance with the wishes of the lawyers.

Further, the general power of the courts to extend the time prescribed in the Code without any limit is being restricted to 30 days now. Also, on filing of revision application against the orders of a subordinate court, its records shall not be called unless the High Court specifically orders to do so.

The amendments also empower the courts to refer certain suits for conciliation and arbitration. This would reduce the bulk of litigation which otherwise increases the pendency of cases in civil courts.

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