THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002

ACT NO. 22 OF 2002

[23rd May, 2002.]

An Act further to amend the Code of Civil Procedure, 1908 and to

provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-third Year of the Republic of

India as follows:-

1.

Short title and commencement.

(1) This Act may be called the Codeof Civil Procedure (Amendment) Act, 2002.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint, and different

dates may be appointed for different provisions of this Act and for

different States or for different parts thereof.

2.

Amendment of section 39.

In section 39 of the Code of Civil Procedure, 1908 (5 of 1908) (hereinafter referred to as the principal Act), after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.".

3

Amendment of section 64.

Section 64 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-

"(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment.".

4.

Substitution of new section for section 100A.

For section 100A of the principal Act [as substituted by section 10 of the Code of CivilProcedure (Amendment) Act, 1999 (46 of 1999)], the following sectionshall be substituted, namely:-

"100A. No further appeal in certain cases.-Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appe late decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.".

5.

Substitution of new section for section 102.

For section 102 ofthe principal Act [as substituted by section 11 of the Code of CivilProcedure (Amendment) Act, 1999 (46 of 1999)], the following section shall be substituted, namely:-

"102. No second appeal in certain cases.-No second 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.".

6.

Amendment of Order V.

In the First Schedule to the principal Act (hereinafter referred to as the First Schedule), in Order V,- (i) in rule 1, for sub-rule (1) [as substituted by clause (i) of section 15 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following sub-rule shall be substituted, namely:-

"(1) When a suit has been duly instituted, a summons may be issued to

the defendant to appear and answer the claim and to file the written

statement of his defence, if any, within thirty days from the date of

service of summons on that defendant:

Provided that no such summons shall be issued when a defendant has

appeared at the presentation of plaint and admitted the plaintiff's

claim: Provided further that where the defendant fails to file the

written statement within the said period of thirty days, he shall be

allowed to file the same on such other day as may be specified by the

Court, for reasons to be recorded in writing, but which shall not be

later than ninety days from the date of service of summons.";

(ii) for rule 9 [as substituted by clause (v) of section 15 of the

Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the

following rules shall be substituted, namely:-

"9. Delivery of summons by Court.-

(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons s all, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

(2) The proper officer may be an officer of a Court other than that in

which the suit is instituted, and, where he is such an officer, the

summons may be sent to him in such manner as the Court may direct.

(3) The services of summons may be made by delivering or transmitting

a copy thereof by registered post acknowledgment due, addressed to the

defendant or his agent empowered to accept the service or by speed

post or by such courier services as are approv d by the High Court or

by the Court referred to in sub-rule (1) or by any other means of

transmission of documents (including fax message or electronic mail

service) provided by the rules made by the High Court:

Provided that the service of summons under this sub-rule shall be made

at the expenses of the plaintiff.

(4) Notwithstanding anything contained in sub-rule (1), where a

defendant resides outside the jurisdiction of the Court in which the

suit is instituted, and the Court directs that the service of summons

on that defendant may be made by such mode of servi e of summons as is

referred to in sub-rule (3) (except by registered post acknowledgment

due), the provisions of rule 21 shall not apply.

(5) When an acknowledgment or any other receipt purporting to be

signed by the defendant or his agent is received by the Court or

postal article containing the summons is received back by the Court

with an endorsement purporting to have been made by a po tal employee

or by any person authorised by the courier service to the effect that

the defendant or his agent had refused to take delivery of the postal

article containing the summons or had refused to accept the summons by

any other means specified in s b-rule (3) when tendered or transmitted

to him, the Court issuing the summons shall declare that the summons

had been duly served on the defendant:

Provided that where the summons was properly addressed, pre-paid and

duly sent by registered post acknowledgment due, the declaration

referred to in this sub-rule shall be made notwithstanding the fact

that the acknowledgment having been lost or mislaid, or for any other

reason, has not been received by the Court within thirty days from the

date of issue of summons.

(6) The High Court or the District Judge, as the case may be, shall

prepare a panel of courier agencies for the purposes of sub-rule (1).

9A. Summons given to the plaintiff for service.-(1) The Court may, in

addition to the service of summons under rule 9, on the application of

the plaintiff for the issue of a summons for the appearance of the

defendant, permit such plaintiff to effect ser ice of such summons on

such defendant and shall, in such a case, deliver the summons to such

plaintiff for service.

(2) The service of such summons shall be effected by or on behalf of

such plaintiff by delivering or tendering to the defendant personally

a copy thereof signed by the Judge or such officer of the Court as he

may appoint in this behalf and sealed with th seal of the Court or by

such mode of service as is referred to in sub-rule (3) of rule 9.

(3) The provisions of rules 16 and 18 shall apply to a summons

personally served under this rule as if the person effecting service

were a serving officer.

(4) If such summons, when tendered, is refused or if the person served

refuses to sign an acknowledgment of service or for any reason such

summons cannot be served personally, the Court shall, on the

application of the party, re-issue such summons to be erved by the

Court in the same manner as a summons to a defendant.".

7.

Amendment of Order VI.

In the First Schedule, in Order VI, for rules 17 and 18 [as they stood immediately before their omission by clause (iii) of section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rules shall be substituted, namely:-

"17. Amendment of pleadings.-The Court may at any stage of the

proceedings allow either party to alter or amend his pleadings in such

manner and on such terms as may be just, and all such amendments shall

be made as may be necessary for the purpose of de ermining the real

questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the

trial has commenced, unless the Court comes to the conclusion that in

spite of due diligence, the party could not have raised the matter

before the commencement of trial.

18. Failure to amend after Order.-If a party who has obtained an

order for leave to amend does not amend accordingly within the time

limited for that purpose by the order, or if no time is thereby

limited then within fourteen days from the date of the or er, he shall

not be permitted to amend after the expiration of such limited time as

aforesaid or of such fourteen days, as the case may be, unless the

time is extended by the Court.".

8.

Amendment of Order VII.

In the First Schedule, in Order VII,-(i) for rule 9 [as substituted by clause (i) of section 17 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rule shall be substituted, namely:-

"9. Procedure on admitting plaint.-Where the Court orders that the

summons be served on the defendants in the manner provided in rule 9

of Order V, it will direct the plaintiff to present as many copies of

the plaint on plain paper as there are defendant within seven days

from the date of such order along with requisite fee for service of

summons on the defendants.";

(ii) in rule 11, for sub-clauses (f) and (g) [as inserted by clause

(ii) of section 17 of the Code of Civil Procedure (Amendment) Act,

1999 (46 of 1999)], the following sub-clause shall be substituted,

namely:-

"(f) where the plaintiff fails to comply with the provisions of rule 9.";

(iii) in rule 14 [as substituted by clause (iii) of section 17 of the

Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], for

sub-rule (3), the following sub-rule shall be substituted, namely:-

"(3) A document which ought to be produced in Court by the plaintiff

when the plaint is presented, or to be entered in the list to be added

or annexed to the plaint but is not produced or entered accordingly,

shall not, without the leave of the Court, be received in evidence on

his behalf at the hearing of the suit.";

(iv) rule 18 [as amended by clause (v) of section 17 of the Code of

Civil Procedure (Amendment) Act, 1999 (46 of 1999)] shall be omitted.

9.

Amendment of Order VIII.-

In the First Schedule, in Order VIII,- (i) for rule 1 [as substituted by clause (i) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rule shall be substituted, namely:-

"1. Written statement.-The defendant shall, within thirty days from

the date of service of summons on him, present a written statement of

his defence: Provided that where the defendant fails to file the

written statement within the said period of thirty days, he shall be

allowed to file the same on such other day, as may be specified by the

Court, for reasons to be recorded in writing, but which shall ot be

later than ninety days from the date of service of summons.";

(ii) in rule 1A [as inserted by clause (ii) of section 18 of the Code

of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], for sub-rule

(3), the following sub-rule shall be substituted, namely:-

"(3) A document which ought to be produced in Court by the defendant

under this rule, but, is not so produced shall not, without the leave

of the Court, be received in evidence on his behalf at the hearing of

the suit.";

(iii) for rules 9 and 10 [as they stood immediately before their

omission by clause (iii) of section18 of the Code of Civil Procedure

(Amendment) Act, 1999 (46 of 1999)], the following rules shall be

substituted, namely:-

"9. Subsequent pleadings.-No pleading subsequent to the written

statement of a defendant other than by way of defence to set off or

counter-claim shall be presented except by the leave of the Court and

upon such terms as the Court thinks fit; but the Cou t may at any

time require a written statement or additional written statement from

any of the parties and fix a time of not more than thirty days for

presenting the same.

10. Procedure when party fails to present written statement called

for by Court.-Where any party from whom a written statement is

required under rule 1 or rule 9 fails to present the same within the

time permitted or fixed by the Court, as the case may b , the Court

shall pronounce judgment against him, or make such order in relation

to the suit as it thinks fit and on the pronouncement of such judgment

a decree shall be drawn up.".

10.

Amendment of Order IX.

In the First Schedule, in Order IX, for rule 2 [as substituted by clause (i) of section 19 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rule shall be substituted, namely:-

"2. Dismissal of suit where summons not served in consequence of

plaintiff's failure to pay costs.-Where on the day so fixed it is

found that the summons has not been served upon the defendant in

consequence of the failure of the plaintiff to pay the cou t-fee or

postal charges, if any, chargeable for such service, or failure to

present copies of the plaint as required by rule 9 of Order VII, the

Court may make an order that the suit be dismissed:

Provided that no such order shall be made, if notwithstanding such

failure, the defendant attends in person or by agent when he is

allowed to appear by agent on the day fixed for him to appear and

answer.".

11.

Amendment of Order XIV.

In the First Schedule, in Order XIV, for rule 5 [as it stood immediately before its omission by clause (ii) of section 24 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the following rule shall be substitu ed, namely:-

"5. Power to amend, and strike out, issues.-(1) The Court may at any

time before passing a decree amend the issues or frame additional

issues on such terms as it thinks fit, and all such amendments or

additional issues as may be necessary for determining the matters in

controversy between the parties shall be so made or framed.

(2) The Court may also, at any time before passing a decree, strike

out any issues that appear to it to be wrongly framed or introduced.".

12.

Amendment of Order XVIII.

In the First Schedule, in Order XVIII,- (a) in rule 2, after sub-rule (3), the following sub-rules shall be inserted, namely:-

"(3A) Any party may address oral arguments in a case, and shall,

before he concludes the oral arguments, if any, submit if the Court so

permits concisely and under distinct headings written arguments in

support of his case to the Court and such written a guments shall form

part of the record.

(3B) A copy of such written arguments shall be simultaneously

furnished to the opposite party.

(3C) No adjournment shall be granted for the purpose of filing the

written arguments unless the Court, for reasons to be recorded in

writing, considers it necessary to grant such adjournment.

(3D) The Court shall fix such time-limits for the oral arguments by

either of the parties in a case, as it thinks fit.";

(b) for rule 4 [as substituted by clause (ii) of section 27 of the

Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)], the

following rule shall be substituted, namely:-

"4. Recording of evidence.-(1) In every case, the

examination-in-chief of a witness shall be on affidavit and copies

thereof shall be supplied to the opposite party by the party who calls

him for evidence:

Provided that where documents are filed and the parties rely upon the

documents, the proof and admissibility of such documents which are

filed along with affidavit shall be subject to the orders of the

Court.

(2) The evidence (cross-examination and re-examination) of the witness

in attendance, whose evidence (examination-in-chief) by affidavit has

been furnished to the Court, shall be taken either by the Court or by

the Commissioner appointed by it:

Provided that the Court may, while appointing a commission under this

sub-rule, consider taking into account such relevant factors as it

thinks fit.

(3) The Court or the Commissioner, as the case may be, shall record

evidence either in writing or mechanically in the presence of the

Judge or of the Commissioner, as the case may be, and where such

evidence is recorded by the Commissioner he shall retur such evidence

together with his report in writing signed by him to the Court

appointing him and the evidence taken under it shall form part of the

record of the suit.

(4) The Commissioner may record such remarks as it thinks material

respecting the demeanour of any witness while under examination:

Provided that any objection raised during the recording of evidence

before the Commissioner shall be recorded by him and decided by the

Court at the stage of arguments.

(5) The report of the Commissioner shall be submitted to the Court

appointing the commission within sixty days from the date of issue of

the commission unless the Court for reasons to be recorded in writing

extends the time.

(6) The High Court or the District Judge, as the case may be, shall

prepare a panel of Commissioners to record the evidence under this

rule.

(7) The Court may by general or special order fix the amount to be

paid as remuneration for the services of the Commissioner.

(8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so

far as they are applicable, shall apply to the issue, execution and

return of such commission under this rule.".

13.

Amendment of Order XX.

In the First Schedule, in Order XX, in rule 1, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) The Court, after the case has been heard, shall pronounce

judgment in an open Court, either at once, or as soon thereafter as

may be practicable and when the judgment is to be pronounced on some

future day, the Court shall fix a day for that purpose of which due

notice shall be given to the parties or their pleaders:

Provided that where the judgment is not pronounced at once, every

endeavour shall be made by the Court to pronounce the judgment within

thirty days from the date on which the hearing of the case was

concluded but, where it is not practicable so to do on he ground of

the exceptional and extraordinary circumstances of the case, the Court

shall fix a future day for the pronouncement of the judgment, and such

day shall not ordinarily be a day beyond sixty days from the date on

which the hearing of the case as concluded, and due notice of the day

so fixed shall be given to the parties or their pleaders.".

14.

Amendment of Order XXI.

In the First Schedule, in Order XXI,- (a) in rule 32, in sub-rule (5), the following Explanation shall be inserted, namely:-

"Explanation.-For the removal of doubts, it is hereby declared that

the expression "the act required to be done" covers prohibitory as

well as mandatory injunctions.";

(b) in rule 92, in sub-rule (2),-

(i) for the words "thirty days", the words "sixty days" shall be

substituted;

(ii) after the first proviso, the following proviso shall be inserted,

namely:-

"Provided further that the deposit under this sub-rule may be made

within sixty days in all such cases where the period of thirty days,

within which the deposit had to be made, has not expired before the

commencement of the Code of Civil Procedure (Amend ent) Act, 2002.".

15.

Amendment of the Code of Civil Procedure (Amendment) Act, 1999.

In the Code of Civil Procedure (Amendment) Act, 1999 (46 of

1999),-

(a) section 30 shall be omitted;

(b) in section 32, in sub-section (2),-

(i) clauses (g) and (h) shall be omitted;

(ii) for clause (j), the following clause shall be substituted,

namely:-

"(j) the provisions of rules 1, 2, 6, 7, 9, 9A, 19A, 21, 24 and 25 of

Order V of the First Schedule as amended or, as the case may be,

substituted or omitted by section 15 of this Act, and by section 6 of

the Code of Civil Procedure (Amendment) Act, 2002 shall not apply to

in respect of any proceedings pending before the commencement of

section 15 of this Act and section 6 of the Code of Civil Procedure

(Amendment) Act, 2002;";

(iii) for clause (k), the following clause shall be substituted,

namely:-

"(k) the provisions of rules 9, 11, 14, 15 and 18 of Order VII of the

First Schedule as amended or, as the case may be, substituted or

omitted by section 17 of this Act and by section 8 of the Code of

Civil Procedure (Amendment) Act, 2002, shall not appl to in respect of

any proceedings pending before the commencement of section 17 of this

Act and section 8 of the Code of Civil Procedure (Amendment) Act,

2002;";

(iv) for clause (l), the following clause shall be substituted,

namely:-

"(l) the provisions of rules 1, 1A, 8A, 9 and 10 of Order VIII of the

First Schedule as substituted or, as the case may be, inserted or

omitted by section 18 of this Act and by section 9 of the Code of

Civil Procedure (Amendment) Act, 2002, shall not app y to a written

statement filed and presented before the commencement of section 18 of

this Act and section 9 of the Code of Civil Procedure (Amendment) Act,

2002;";

(v) for clause (q), the following clause shall be substituted,

namely:-

"(q) the provisions of rules 4 and 5 of Order XIV of the First

Schedule as amended or, as the case may be, substituted by section 24

of this Act and section 11 of the Code of Civil Procedure (Amendment)

Act, 2002, shall not affect any order made by the ourt adjourning the

framing of the issues and amending and striking out issues before the

commencement of section 24 of this Act and section 11 of the Code of

Civil Procedure (Amendment) Act, 2002;";

(vi) in clause (s), for the figures "25", at both the places, the

figures "26" shall be substituted;

(vii) clause (u) shall be omitted.

16.

Repeal and savings.

(1) Any amendment made, or any provision inserted in the principal Act by a State Legislature or High Court before the commencement of this Act shall, except in so far as such amendment or provisions are consistent with the princi al Act as amended by this Act, stand repealed.

(2) Notwithstanding that the provisions of this Act have come into

force or repeal under sub-section (1) has taken effect, and without

prejudice to the generality of the provisions of section 6 of the

General Clauses Act, 1897 (10 of 1897),-

(a) the provisions of section 102 of the principal Act as substituted

by section 5 of this Act, shall not apply to or affect any appeal

which had been admitted before the commencement of section 5; and

every such appeal shall be disposed of as if section 5 had not come

into force;

(b) the provisions of rules 5, 15, 17 and 18 of Order VI of the First

Schedule as omitted or, as the case may be, inserted or substituted by

section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of

1999) and by section 7 of this Act shall n t apply to in respect of

any pleading filed before the commencement of section 16 of the Code

of Civil Procedure (Amendment) Act, 1999 and section 7 of this Act;

(c) the provisions of rule 1 of Order XX of the First Schedule as

amended by section 13 of this Act shall not apply to a case where the

hearing of the case had concluded before the commencement of section

13 of this Act.

--

Haider Ajaz

Allahabad High Court

SUBHASH C. JAIN,

Secy. to the Govt. of India.