The Hindu : SC to hear on Monday plea against CPC amendments

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Saturday, Sep 07, 2002

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SC to hear on Monday plea against CPC amendments

By Our Legal Correspondent

NEW DELHI Sept. 6. Even as lawyers from across the country observed a dharna here today protesting against the Civil Procedure Code amendments, the Supreme Court has posted for hearing on Monday a writ petition challenging the constitutional validity of the CPC amendments which came into force from July 1.

A Bench, comprising Justice S. Rajendra Babu and Justice P. Venkatarama Reddi, directed the petition filed by the Salem Bar Association for hearing on September 9, when it was mentioned by counsel, T. Raja on Thursday, who pleaded for an interim stay of the amendments stating that the lawyers were to observe a dharna today.

Interestingly, the Bar Council of India has convened a meeting of the representatives of the State Bar Councils on September 7 and 8 to evolve measures to prevent lawyers from going on strike. The BCI has been directed to report the outcome of the meeting to the apex court on September 24. In its writ petition, the SBA by its president, P.N. Mani, said lawyers throughout Tamil Nadu and other places were opposing the CPC amendments as they would cause hardships to the litigant public and further undermine the existing provisions.

Pointing out that the Government had been stating that all civil cases would be disposed of within a year, the petitioner said whether the amendments would secure the purpose of cutting down delays at various levels in the disposal of a civil case would have to be looked into. The petitioner prayed for a declaration that the CPC amendments were unconstitutional, null and void and an interim stay of the operation of the impugned provisions.

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