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In the face of mounting pendency of cases in courts, a Parliamentary Committee on Tuesday gave its nod to a bill to amend the Code of Civil Procedure to fix a time limit for pronouncement of judgments while suggesting certain other changes.
The Code of Civil Procedure (Amendment) Act, 1999 could not be brought into force due to stiff opposition to some of its provisions from MPs, lawyers, bar councils, the law commission and individuals.
Subsequently, the Code of Civil Procedure (Amendment) Bill, 2000 with changes to the Act was introduced in the Rajya Sabha and referred to the Standing Committee on Home Affairs.
The Committee, in its 80th report tabled in the Lok Sabha and the Rajya Sabha, agreed with the proposal that reserved judgements should be pronounced within 30 days from the date on which the hearing is concluded, which should not ordinarily exceed 60 days on the grounds of exceptional and extraordinary circumstances of the case.
The Committee, headed by Pranab Mukherjee, approved another amendment allowing a defendant to file written statement within 30 days from the date of service of summons, which could be extended to 90 days.
It, however, did not favour a clause seeking appointment of Commissioner for recording evidence and instead, recommended that cross-examination and re-examination of witnesses may be done in the presence of a judge, who can observe the demeanor of the witnesses.
The Committee was of the view that the system of sending summons through process server in lower courts particularly Munsiff Court has been unsatisfactory and said there was need for introduction of modern means of transmission.
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