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Code of Civil Procedure (Amendment) Act, 2002 Complete Act

Title: Code of Civil Procedure (Amendment) Act, 2002

State: Central

Year: 2002

Preamble1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002 Section1 - Short title and commencement Section2 - Amendment of section 39 Section3 - Amendment of section 64 Section4 - Substitution of new section for section 100A Section5 - Substitution of new section for section 102 Section6 - Amendment of Order V Section7 - Amendment of Order VI Section8 - Amendment of Order VII Section9 - Amendment of Order VIII Section11 - Amendment of Order XIV Section12 - Amendment of Order XVIII Section13 - Amendment of Order XX Section14 - Amendment of Order XXI Section15 - Amendment of the Code of Civil Procedure (Amendment) Act, 1999 Section16 - Repeal and savings

Code of Civil Procedure (Amendment) Act, 2002 Section 15

Title: Amendment of the Code of Civil Procedure (Amendment) Act, 1999

State: Central

Year: 2002

.....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 apply 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 (1), the following clause shall be substituted, namely:-- "(1) the provisions of rules 1, 1A, 8 A, 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 apply 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.....

Code of Civil Procedure (Amendment) Act, 2002 Preamble 1

Title: Code of Civil Procedure (Amendment) Act, 2002

State: Central

Year: 2002

THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002 [Act, No. 22 of 2002] [1st July, 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:--

The Code of Civil Procedure (Amendment) Act, 2002 Complete Act

State: Sikkim

Year: 2002

.....Extraordinary, Part II, Section I dated 24th May, 2002 is hereby republished for general information:- THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002 ACT No. 22 of 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:- Short title and commencement . 1. (1) This Act may be called the Code of 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. Amendment of section 39, 2. In section 39 of the Code of Civil Procedure, 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." Amendment of.....

The Haryana Civil Services (Executive Branch) and Allied Services and Other Services and Other Servies Common/combined Examination Act, 2002 Complete Act

State: Haryana

Year: 2002

.....number of posts advertised . (2) Notwithstanding anything to the contrary contained in any judgment, order, decree or decision of a court of law, Act, rule, regulation or executive instructions, no candidate, from the date of commencement of this Act, shall, on the basis of his merit or placement in a Common/Combined Examination, have right to seek appointment to Haryana Civil Services (Executive Branch) and Allied Services or Other Services beyond the number of advertised posts. (3) The State Government shall not be competent to offer appointment to a candidate, who is placed in the waiting list or who claims himself to be in the waiting list on the basis of Common/Combined Examination, for a post for which his name was not recommended by the Commission: Provided that if a candidate has been appointed or offered appointment over and above advertised posts for any reason, the services of such candidate shall be dispensed with. However, he shall be entitled to be appointed to the service/post, if any, for which his name was originally recommended by the Commission: Provided further that no recovery of higher salary, emoluments or any other financial benefits drawn by.....

Code of Civil Procedure (Amendment) Act, 2002 Section 8

Title: Amendment of Order Vii

State: Central

Year: 2002

.....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 defendants 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 (u) 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.....

Code of Civil Procedure (Amendment) Act, 2002 Section 9

Title: Amendment of Order Viii

State: Central

Year: 2002

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 not 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.....

Code of Civil Procedure (Amendment) Act, 2002 Section 16

Title: Repeal and Savings

State: Central

Year: 2002

.....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 not 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.

Code of Civil Procedure (Amendment) Act, 2002 Section 7

Title: Amendment of Order Vi

State: Central

Year: 2002

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 determining 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 is 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 the purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case.....

Code of Civil Procedure (Amendment) Act, 2002 Section 12

Title: Amendment of Order Xviii

State: Central

Year: 2002

.....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 present of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return 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 demean our 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,.....