New norms cut civil case wait
The government has notified the Civil Procedure (Amendment) Act, 1999 and the Civil Procedure (Amendment) Act, 2002 which came into force on Monday.
The two amendments to the code of civil procedure, 1908 will bring a sigh of relief to those who have been waiting for the outcome of the civil cases pending for a long time in courts as it seeks to compress the time frame for disposal of all civil cases within one year by setting a time limit for every stage of litigation.
The main features of the Code of Civil Procedure (Amendment) act, 1999 and the Code of Civil Procedure (Amendment) Act, 2002 include measures taken at pre-trial stage in terms of obligations of the plaintiff, the court and defendant, according to an official released issued here on Monday.
Besides, restricting adjournments it seeks to abolish second appeal in money suits where value does not exceed Rs 25,000. Further the general power of the courts to extend the time prescribed in the code is restricted to 30 days now. Earlier, the court could extend the time without any limit.
Further, the revision applications against the orders of a sub-ordinate court will not be allowed to be filed unless the high court orders to do so specifically. The amendments also empower the courts to refer suits in appropriate cases for conciliation and arbitration to reduce the bulk of litigation which otherwise increases the pendency of cases in the civil courts.
The 2002 Amendment Act also modifies the 1999 Amendment Act following a broad consensus arrived at after consultations with the law commission of India, representatives of the Bar Council of India, Bar Associations, law officers of the union.
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