The below given points have been brought into force by the recent amendments

The below given points have been brought into force by the recent amendments of 1999 and 2002.

(a) Adjournments:

A party cannot seek adjournment in a case more than 3 times after the case is posted for trial. The Court shall while adjourning the case each time has to assign reasons.

Further, it is made obligatory on the part of the Court to make such orders as to costs occasioned by adjournment or such higher costs as the court deems fit.

(b) Written arguments:

Provision has been made for submitting written arguments by a party before closing its oral argument and simultaneously furnishing of the same to the other arty.

No adjournment should be given for filing written arguments without recording reasons in writing.

(c) Enlarging of time by Court

Where a time is fixed for a party to do a particular act, the court can extend the said period from time to time subject to the maximum of 30 days in total. Prior to amendment the said period is not restricted.

(d) Judgment and decree:

It is no longer obligatory on the part of the Court to permit perusal of the copy of the judgment immediately after it is pronounced to the party or his pleader. But immediately after the judgment is delivered, a copy of it should be made available to the parties for preferring appeal on payment of charges prescribed by High Court.

An appeal can be filed enclosing a copy of the judgment without filing a copy of the decree. Such copy of the judgment shall be treated as a decree for purposes of Order XLI, Rule 1, which has been amended accordingly (Vide Section 31(1) of the Amendment Act 46 of 1999.

Settlement of disputes by Arbitration, Conciliation, judicial settlement or mediation:- Provision has been made in the place of Sec.89 of the Code which was repealed earlier by Arbitration Act, 1940 for referring the dispute by court to Arbitration, Lok Adalats, for judicial settlements or mediations.

After recording admissions and denials under Order X, the court shall direct the parties to opt to any of the modes of settlement specified in Section 89(1). When the said option is exercised, the Court shall fix a date for appearance of parties before such Forum, or authority shall refer the matter back to the Court by directing the parties to appear before Court on a date fixed by it. These provisions do not apply to a suit in which issues has been settled before 1-7-2002. (Vide Order X as Amendment Act 46 of 1999).

(e) Summoning of witnesses:

It is made obligatory on the party who wishes to summon witnesses to be examined on his behalf, to obtain summons from the Court or the officer appointed, within 7 days from presenting the list of witnesses, whom he proposes to examine. He has also to pay the expenses likely to be incurred by the witnesses for attending the Court within 7 days from the date of application made to summon witnesses.

(f) Attachment of salary:

In respect of attachment of salary of the judgment debtor in execution, the first ‘Rs. 1,000/-‘ is exempted instead of’Rs.400/ -‘ prescribed in the principal Code.

This amendment does not affect any person detained before the commencement of the amending Act 46 of 1999.

(g) Transfer of property pending attachment:

Prohibition of transfer of property by private alienation does not apply if it is made in pursuance of an agreement for transfer or delivery prior to attachment evidenced by a registered document.

(h) Execution of decree:

A new sub-section (4) is added to Section 39 of the Code by Amendment Act 22 of 2002 clarifying that a Court which passed a decree is not authorised to execute it against a person or property outside its jurisdiction.

(i) Sale in execution of decree:

The period 30 days prescribed for the deposit of the amount in the case of an application under Rule 89 of Order 21 has been increased to 60 days. In the case where the 30 days prescribed under the unamended Code has not expired by 1-7-2002, deposit under Rule 89 can be made within 60 days.