The Hindu : CPC amendments come into effect

Online edition of India's National Newspaper
Tuesday, Jul 02, 2002

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National

CPC amendments come into effect

By Our Legal Correspondent

NEW DELHI July 1. The Civil Procedure Code Amendments came into force today and they are aimed at speeding up justice.

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 former 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.

Normally in a civil matter, delay may take place because of the nature of the case, or may be caused by the parties or their representatives or by the court procedure and in certain cases may be the result of difficulties in getting expert reports.

It has been noticed that in a large number of cases very long time is taken at the stage of pre-trial and at the stage of hearing of the suit. Once the amendments come into effect from July 1, civil suits cannot last longer than a year.

In view of the amendments, 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 of the amendments 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.

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