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.   Short title and commencement.-(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.
 
 
  
 2.
  
 Amendment of section 39.   
 
 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.   
 
 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.   
 
 4.   Substitution of new section for section 100A.-For section 100A of
 the  principal Act [as substituted by section 10 of the Code of  Civil
 Procedure  (Amendment) Act, 1999 (46 of 1999)], the following  section
 shall 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.   
 
 5.   Substitution  of new section for section 102.-For section 102  of
 the  principal Act [as substituted by section 11 of the Code of  Civil
 Procedure  (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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.   
 
 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.
 
 SUBHASH C.  JAIN,
 Secy.  to the Govt.  of India.