Civil Procedure (Amendment) Act, 1999 was passed by the Parliament on 12.10.99. The act was further amended by Civil Procedure (Amendment) Act 2002. Both the aforesaid amendments have come into force on 01.07.2002.

To speed up the pace of judicial process and to get over the backlog of civil cases.

The Code of Civil Procedure (Amendment) Act, 2002 brings out radical changes in the-

• Service of Summons

• allowing Commissioners to record evidence, and

• providing for submission of written statements by the defendants within 30 days from the date of service of summons.

All these measures are intended to prevent prolonged litigation and help the courts in settling civil suits within a reasonable time. It implements the policy of time-bound disposal civil cases and is intended to bring relief to the litigants, who hitherto have been waiting for years for the outcome of their cases in courts.

Now the civil suits cannot last longer than a year. Only three adjournments can be sought by a party and the court may order costs occasioned by the adjournments or such higher costs as it may deem fit. The court may also 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 amended Act is that judgement in a case is to be pronounced within 30 days from the date on which the hearing was concluded. The general power of the court to extend the time for any purpose by the Code without any limit is now being restricted to 30 days. The second appeal is being abolished on money suits where the value does not exceed Rs.215000/-, but appeal to a Division Bench of the High Court against the orders of a single judge is allowed. Also, on filing of revision application against the orders of a subordinate court, its records shall not be called unless the High Court specially orders to do so.

The amendments has further empowered the courts to refer certain suits for conciliation and arbitration. This is expected to reduce the bulk of litigation and decrease the pendency of cases in civil courts.

[Source: Student Company Secretary published by the Institute of Company Secretaries of India.]