I am reproducing the said Draft of Model of New Civil Procedure Code, submitted by me in the said Writ Petition under
Chapter–IV to the said Writ Petition:-
“DRAFT FOR MODEL OF CIVIL PROCEDURE CODE
In view of the considerations, that Justice means Justice in time, the Petitioner had prepared a model of Civil Procedure
Code to suggest the replacement against the existing Civil Procedure Code. All concerned may agree with that “Justice
delayed Justice denied” in real sense due to long-long-time-taking procedures adopted under the said code for Civil
litigations. Such serious situation is responsible for increase of crimes related to such civil litigations.
In the year of 1983-84, the Petitioner had made an indepth study of Civil Procedure Code and its 51 Orders, 703 Rules,
and thousands Sub-Rules, besides 151 Sections and several hundred sub-sections and found that the object behind these provisions
were to ensure free and fair justice. Butter mixed with honey will be poisonous. Likewise, good Civil Procedure Coder prepared
in the line of law in United Kingdom, in India, became instrumental to misuse the Administration of Justice to harass and
blackmail the opponents. Some people files litigations thinking that they can obstruct the object of opponent for several
years. A democracy cannot survive for a long time unless Justice is protected and ensured. Having this concept in mind, the
petitioner had written about the said Model of Civil Procedure Code to the then Law and Justice Minister Shri Asok Sen by
letter dated 15th March, 1985 by Regd. Post. In view of Reforms, Globalisation and open Market Economy, the said
Model Code has now became more important and the petitioner have understood that their Lordships are eager to evolve a Judicial
system under Free, Fair and Fast adjudication of the litigations can be possible. The main reasons for delay in litigations
are unwarranted adjournments of trials on various grounds, interlocutory proceedings, which is removed in his model, from
the business of trial courts and Advocates have given much more responsibilities, in depth involvement in Administration of
Justice and made accountable to their clients.
Model Code was prepared to ensure the Free, Fair and Fast Justice within time bound program described as under:-
of documents by the
Advocates of defendants 60 Days
of the Defence
and answers from both
side parties 60
Execution of Judgments (If Appeal not filed) 180 Days Total 700 Days
Under this model code, adjudication of litigation, is divided in to four parts. Up to the interrogatories and answers,
the record of the suit will kept with the court of the Registrar at a Sub-division level, who will also maintain Registers
for the following business:-
Registration of all litigations in one Register irrespective
of any Police Stations under the Sub-division.
Publication of a List of the Penal of Advocates; (the
entire list of Members of a Bar Association of a Sub-Division will constitute such list on seniority basis.
Filing of the evidences recorded by the Penal Advocates
of the litigation who will be appointed on rotation basis.
Allotment of litigations for the courts of Munsif
on rotation basis to record findings of facts.
After return of the file of litigation from the concerned
court of Munsif, allotment of litigation to a court of Asst. Dist. Judge to pronounce its Judgment.
Now the Petitioner would like to present a brief note on the orders of Model suggested Code which will ensure the Justice
within prescribed period irrespective of all consideration.
MODEL OF ALTERNATIVE CIVIL PROCEDURE CODE
ORDER-I: Parties to the Suit (against the existing Order I and part of Order XXII)
: All interested parties have right to file, participate or defend any suit subject to bear full actual cost including damage
due to suit, if failed to establish his / their claim or defence.
ORDER- II: Suits (against existing orders II, IV, VII, XI, XIV): a plaintiff shall
file the plaint in prescribed form alongwith duplicate copies of all documents in his possession and on which he relies to
file the suit; list of documents which would not be in his possession but at the same time, he relies his claim giving the
name and address of possessors of such documents, if plaintiff knows; suggested issues; list of witness all pleadings with
full facts and full court fees before the Registrar of Trial Courts at a sub-division
(There will be no provisions for amendment of plaint or pleadings)
ORDER-III: Recognised agents and pleaders (against existing Order III) : The Advocate
of the plaintiff would be accountable to serve the summons and Advocate of the Defendants would be accountable to receive
the (copy of the) plaint and other documents from the Court of Registrar. Such Advocates would work in real sense as court
officers as well as agents of their clients.
The Advocate being the agent of the plaintiff as the
Court Officer in concerned litigation would serve the, summon within 30 days from the date of filing of litigation through
his own men as well as by Regd. Post. If in both manner, the service of summon is not possible, he will publish notice in
two local newspapers of sub-division stating suit No. name of the Court of Registrar, name and address of the plaintiff and
defendants and himself, without referring the cause of the suit. The date of publication of such notice should be treated
as service of summons.
Copies of the plaint and all other documents would
not required to send along with the, summon, but shall be deposited with Registrar, from whom, the Advocate being the agent(s)
of defendant(s) would, collect such copies within 7 days from the date of service of summons.
The Advocate of the plaintiff would be empowered to
sign the summons in the capacity of court officer in the concerned litigation.
ORDER-V: DEFENCE (against existing Orders VIII, VVV-A, IX, XII and XXIII): The
Written Statement under existing code would be replaced by the word defence. The opposite parties shall file their defence
within 60 days from the date of service of summons in the same manner of the plaint, alongwith Xerox copies of all documentary
evidence in his defence, if any, have in his possession, list of any documents if not in his possession with name and address
of possessors of the same, if he knows, list of witnesses in support of his defence, and list of additional issues, if any.
ORDER-VI Documents (Against Existing Order XIII): The discovery of documents would
be submitted alongwith the plaint. Under the model Code, the possessor of any documents relating to any litigation automatically
become the Receiver of the particular documents in his possession for time being, till disposal of the concerned litigation
and should supply True Photocopies of such documents on payment of cost within 7 days from the date of notice from the Advocate
of either side in the said litigation.
ORDER-VII: Adjournment: (Against existing Order XVII) Adjournment for total period
of 60 days between the filing of the litigation and Judgment can be granted by the District Judge only.
Interlocutory orders like temporary injunction can be granted by the Appellate Court only, which will not effect the
adjudication of the main suit at trial courts.
ORDER-IX: Affidavit, the provision will remain as existing, under order IX.
Under the proposed code, interrogatories will become
a necessary part of the proceedings of the suit, which also will help judiciary to give findings and judgments on the more
After filing defence by the defendants, in a suit,
both the parties will, if any, make a questionnaires in a prescribed form within a limited period, upon opponent parties who
in his turn shall bound to make answers within prescribed times in prescribed form, otherwise shall be debarred from contesting
Instead of present jurisdiction of trial courts based on Police Station, all Civil Suits within all Police Stations
under a particular Sub-Division shall be comprised as one Jurisdiction to be vested in the Court of Registrar of such Sub-Division.
ORDER-XII: Recording of Evidences:
A Court Officer would be appointed for this purpose
from penal of Advocates amongst all members of local Bar of a Sub-Division which shall be declared on the first day of each
year, without delisting anyone, but on the basis of seniority.
Recording of the evidences of the witnesses would
be duty of this penal;
This will be the duty of the plaintiff/defendant to
produce his witnesses: before the Court Officer within prescribed time to record evidence in presence of the both side Advocates
and parties and within the area of court compound;
Evidences given by the witnesses would be recorded
by the Advocates from the said penal on the rotation basis, and in presence of parties and Advocates of both side parties,
and signatures of the witnesses, Advocates, of both side parties as well as parties would be taken over in the prescribed
form on which evidence would be recorded.
Evidences would be recorded in triplicate with the
help of carbon paper and one copy each would be served to the first Plaintiff and defendant respectively just at the moment
of recording of evidence and original would be submitted before the Registrar of the Trial Courts. Xerox Copies of recorded
evidence shall be supplied to other plaintiffs or defendants, if any, after certifying as true copy by the Penal Advocate
/ Court Officers.
ORDER-XIII: FINDINGS: On the basis of allegations, claims made by the plaintiffs the defence filed by the defendants,
answer made by both side parties against interrogatories submitted by either party and evidence recorded by the Advocate Penal,
the Court of Munsif will make its findings of facts on the prescribed form.
ORDER-XIV: Judgment and Execution of Decree:
On the basis of findings made by the Court of Munsif, the Judgment of the suit after hearing both parties, would be
given by a Sub-Judge, who will be assigned the Suit on rotation basis, considering all facts relates to merit of the case
and legal side of the suit. If decree is passed, a copy of finding as well as Judgment would be served upon defendant’s
Advocate fixing the date of execution of decree. No separate case will be required to be filed for execution of decree under
proposed code, but this will be duty of the court to execute the order of decree, if not appealed.
ORDER-XV: COST; If plaintiff succeeds in establishing his case on the basis of merit, he will be entitled to get entire
actual cost of the suit and damage caused thereof incurred y him. On the other hand, if he fails in establishing his claim
on the basis of merit, he would be compelled to pay all actual expenses and damages incurred y the defendants. If any case
lost by either party for the technical or any ground of law, no order would be passed as to the cost.She against he in case of female.”